Adultery and intolerability Flashcards
Where is the fact of adultery and intolerability found
S 1(2)(a) MCA
What will constitute adultery
S 1(6) adultery will only be between parties of the opposite sex
Which case did S 1(6) underline
Dennis v Dennis
What is the position of adultery and transsexuals
adultery presumably includes a full GRC and appropriate genre surgery
What did Dennis hold about what will constitute adultery
must be penetration- although no need for the full act to take place, if there is no more than a mere attempt, then it would not be able to find adultery
What did Redpath v Redpath hold
intercourse will not be held to be voluntary where the R has been rapped.
What is the effects of intoxicants and adultery
intoxicants will not render the adultery involuntary unless it deprived R of being able to give valid consent.
P must find it intolerable to live with R- how is this shown
the subjective test in Goodrich v Goodrich
What did Goodrich v Goodrich decide
does this P find it intolerable to live with this R?
Need the two factors be causally linked?
No- Clearly v Cleary and Hutton which overruled Roper v Roper, held the two factors in S 1(2)(a) are independent and should be treated as so.
What does it make possible by the fact the two factors are not causally linked.
It means that it is possible that the R may commit adultery, then the P forgives them, but then subsequent conduct makes it that the R is intolerable to live with.
What does S 1(3) do
places a duty on the court to enquire as far as it reasonably can, therefore, the judge must be satisfied on the BoP that the P is telling the truth in claiming that the R is intolerable to live with.
Where are the bars to the use of S 1(2)(a) contained
S 2(1) and S 2(2)
What does S 2(1) hold
that a P cannot rely on S 1(2)(a) if they have continued to live with the P for a period exceeding 6 months, or periods together exceeding 6 months.
What does S 2(2) state
that cohabitation of less than 6 months will be disregarded and the P will not be barred from S 1(2)(a)
