10. Legal Consequences Flashcards
S24 of 1985 Act?
Marriage or cp don’t affect property rights or legal capacity of spouse
What is aliment?
Payment while couple are separated but not divorced
Who is owed it?
S1 of 1985
Points about it?
Can claim even if u live in same house
How much?
Regard to needs and resources of parties
Earning capacités of parties
Not conduct
Three cases about aliment?
Ahmed v Ahmed
Higgins v Higgins
Sutherland v Sutherland
1?
Material changes in circumstance allows for aliment to increase to Mrs
2.
School fees increased so aliment could too
3.
Aliment reduced since wife got better and husband got worse financially
What are the grounds for divorce?
S1 of 1976 act and s2
What about for cp?
S117 2004 act apart from adultery
Are divorce and dissolution the same?
In financial terms
What is the starting point for sharing matrimonial property?
Equal share as per s10 1985
How is this decided?
Net value of property shall be calculated relevant to the date it ended on
What is the relevant date?
Defined by s10
Cease to cohabit
Date of service of summons in the action
Banks v banks?
Court held relevant date was when pursuer lady stayed overnight in matrimonial home
Wallis v Wallis?
House given reasonable valuation doesn’t matter about date
What is matrimonial property
Section 10(4-6)
All property during marriage or used for marriage up to relavent date
Exception?
Gift from third party only intended for you. Must keep in that form
What about pensions?
Half given for that collected during marriage s10(5)
What are special circumstances?
S10(6)
Things like agreements
Destruction of property
Use of the property like dental practice
Source of funds- from parents and so on
What is s25?
Presumption that equal share
Section 25?
Defines household goods
What’s the general scheme?
Establish net matrimonial property
Depart from equal sharing if needed
As per section 9 principles
What does section 9 decide?
Percentage of matrimonial property
If periodical allowance will be paid
Harris v Harris
Court awarded a wife greater capital sum since inheritances from her parents reduced loan on property
9(1)(b)?
Economic damage derived by either person from contributions. Giving up work or such
Dougan v Dougan?
Husband order to pay wife 20,000 extra for economic disadvantage in not working
Cahill v Cahill
Cottage not part of matrimonial property but husband claimed he worked on cottage. Wife payed 32,000 for his improvements
De Winton v De Winton?
No matrimonial property but husband had gained economical from wife’s investments. Wife awarded capital sum
Section 9(1)(c)
Economic burden of caring
Connelly v Connelly
Wife granted extra money because child had special needs so couldn’t take full time job
Section 9(1)(d)
Person dépendant on financial support gets reasonable time to adjust over no more than theeebyears
Buckle v Buckle?
Married for 30 years. Wife hadn’t worked so awarded periodical allowance of £100 for a year
Wilson v Wilson
Wife entitled to periodical allowance due to all she had contributed to the farm
Section 9(1)(e)
Serious hardship due to incapacity to work
Haughan v Haughan
Husband and wife married for 27 years. Wife Ill so husband to pay periodical allowance for indefinite time
Summary?
- Court wants clean break
- Start with percentage
- Wants to resolve without periodical allowance but (c) to (e) cover how much to be paid
How is splitting of property done?
S8
Capital sum to be payed
Order for transfer of property
Kerrigan v Kerrigan?
Husband paid for deposit and mortgage payments. Wife to transfer husband her half
Wilson v Wilson?
Husband transfer full half to wife since to was wife’s house and he’d reduced value trying to renovate
Anything else?
Order for making periodical allowance
What is CETV
Pension sharing and a cash equivalent transfer value
Prenups?
S16 of 1985 act states must be fair and reasonable
Bradley v Bradley
Husband want pre divorce agreement set aside. Insufficient evidence to show he had suffered unfair or unreasonable disadvantage
Sections for cohabitation?
Section 25-29
Courtney’s Executors v Campbell
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
Gow v Grant
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
