Divorce and Dissolution

Question 1

ECHR:
Babiarz v Poland

Answer 1

No ‘right’ to divorce under ECHR law.

Question 2

Adultery:
Stewart v stewart

Answer 2

Being a victim of rape does not count as adultery

Question 3

Adultery:
MacLennan v MacLennan

Answer 3

Only counts as adultery if its heterosexual.

Question 4

Adultery:
Hunter v Hunter

Answer 4

Husband told wife to “Go back to your old ways” and she did. She used the defence of lenocinium but it didn’t count since he spoke out of anger.

Question 5

Adultery:
Gallacher v Gallacher

Answer 5

Lenocinium proved through letters so divorce not allowed on grounds of adultery.

Question 6

Adultery:
Annan v Annan

Answer 6

Forgiveness itself does not amount to condonation. Defence failed and divorce was granted.

Question 7

Behaviour:
Fullarton v Fullarton

Answer 7

Behaviour can justify divorce even if it’s a result of mental abnormality.

Question 8

Behaviour:
White v White

Answer 8

The conduct does not need to be directed at the spouse.

Question 9

Behaviour:
Haste v Hastie

Answer 9

Single act may suffice

Question 10

Behaviour:
Taylor v Taylor

Answer 10

Conduct does not need to be directed towards the spouse.

Question 11

Non-cohabitation:
fuller v fuller

Answer 11

A wife and her boyfriend took care of her terminally ill husband whom she was separated from but lived in the same house. Does not count as cohabitation since they were not living together as husband and wife.

Question 12

Boyle v Boyle

Answer 12

No reason needed to withhold consent.