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Family Law > 10. Legal Consequences > Flashcards

10. Legal Consequences Flashcards

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1
Q

S24 of 1985 Act?

A

Marriage or cp don’t affect property rights or legal capacity of spouse

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2
Q

What is aliment?

A

Payment while couple are separated but not divorced

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3
Q

Who is owed it?

A

S1 of 1985

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4
Q

Points about it?

A

Can claim even if u live in same house

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5
Q

How much?

A

Regard to needs and resources of parties

Earning capacités of parties

Not conduct

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6
Q

Three cases about aliment?

A

Ahmed v Ahmed

Higgins v Higgins

Sutherland v Sutherland

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7
Q

1?

A

Material changes in circumstance allows for aliment to increase to Mrs

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8
Q

2.

A

School fees increased so aliment could too

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9
Q

3.

A

Aliment reduced since wife got better and husband got worse financially

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10
Q

What are the grounds for divorce?

A

S1 of 1976 act and s2

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11
Q

What about for cp?

A

S117 2004 act apart from adultery

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12
Q

Are divorce and dissolution the same?

A

In financial terms

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13
Q

What is the starting point for sharing matrimonial property?

A

Equal share as per s10 1985

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14
Q

How is this decided?

A

Net value of property shall be calculated relevant to the date it ended on

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15
Q

What is the relevant date?

A

Defined by s10

Cease to cohabit
Date of service of summons in the action

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16
Q

Banks v banks?

A

Court held relevant date was when pursuer lady stayed overnight in matrimonial home

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17
Q

Wallis v Wallis?

A

House given reasonable valuation doesn’t matter about date

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18
Q

What is matrimonial property

A

Section 10(4-6)

All property during marriage or used for marriage up to relavent date

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19
Q

Exception?

A

Gift from third party only intended for you. Must keep in that form

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20
Q

What about pensions?

A

Half given for that collected during marriage s10(5)

21
Q

What are special circumstances?

A

S10(6)

Things like agreements
Destruction of property
Use of the property like dental practice
Source of funds- from parents and so on

22
Q

What is s25?

A

Presumption that equal share

23
Q

Section 25?

A

Defines household goods

24
Q

What’s the general scheme?

A

Establish net matrimonial property
Depart from equal sharing if needed
As per section 9 principles

25
Q

What does section 9 decide?

A

Percentage of matrimonial property

If periodical allowance will be paid

26
Q

Harris v Harris

A

Court awarded a wife greater capital sum since inheritances from her parents reduced loan on property

27
Q

9(1)(b)?

A

Economic damage derived by either person from contributions. Giving up work or such

28
Q

Dougan v Dougan?

A

Husband order to pay wife 20,000 extra for economic disadvantage in not working

29
Q

Cahill v Cahill

A

Cottage not part of matrimonial property but husband claimed he worked on cottage. Wife payed 32,000 for his improvements

30
Q

De Winton v De Winton?

A

No matrimonial property but husband had gained economical from wife’s investments. Wife awarded capital sum

31
Q

Section 9(1)(c)

A

Economic burden of caring

32
Q

Connelly v Connelly

A

Wife granted extra money because child had special needs so couldn’t take full time job

33
Q

Section 9(1)(d)

A

Person dépendant on financial support gets reasonable time to adjust over no more than theeebyears

34
Q

Buckle v Buckle?

A

Married for 30 years. Wife hadn’t worked so awarded periodical allowance of £100 for a year

35
Q

Wilson v Wilson

A

Wife entitled to periodical allowance due to all she had contributed to the farm

36
Q

Section 9(1)(e)

A

Serious hardship due to incapacity to work

37
Q

Haughan v Haughan

A

Husband and wife married for 27 years. Wife Ill so husband to pay periodical allowance for indefinite time

38
Q

Summary?

A
  1. Court wants clean break
  2. Start with percentage
  3. Wants to resolve without periodical allowance but (c) to (e) cover how much to be paid
39
Q

How is splitting of property done?

A

S8

Capital sum to be payed
Order for transfer of property

40
Q

Kerrigan v Kerrigan?

A

Husband paid for deposit and mortgage payments. Wife to transfer husband her half

41
Q

Wilson v Wilson?

A

Husband transfer full half to wife since to was wife’s house and he’d reduced value trying to renovate

42
Q

Anything else?

A

Order for making periodical allowance

43
Q

What is CETV

A

Pension sharing and a cash equivalent transfer value

44
Q

Prenups?

A

S16 of 1985 act states must be fair and reasonable

45
Q

Bradley v Bradley

A

Husband want pre divorce agreement set aside. Insufficient evidence to show he had suffered unfair or unreasonable disadvantage

46
Q

Sections for cohabitation?

A

Section 25-29

47
Q

Courtney’s Executors v Campbell

A

Raised action for unjustified enrichment but told no as it was subsidiary since another remedy was available but hadn’t been used in correct time.

Benevolence due to miss c’s son dying not enough to justify not claiming within a year

48
Q

Gow v Grant

A

Gow wanted capital sum but grant opposed it. Gow has suffered economic damage to the extent of £39,500 and was awarded thus. UKSC upheld this since

Quantifiable claim, just fair compensation on a rough and ready basis

Outcome gave overall fairness

Broad brush approach to do this

Family Law (13 decks)

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