Aims of Divorce Law

Question 1

Where are 6 aims found in an umplemented statute?

Answer 1

s1 FLA 1996

not implemented but L Chancellor said govt supported these priciples

Question 2

6 aims in FLA 1996

Answer 2

A) Supporting inst of marriage
B) saving marriages 
C)  Limiting emotrional harm
D) promoting on going relationships
E) avoiding expense
F) Protection from violence

Question 3

Where are grounds for divorce currently found

Answer 3

s1(2) MCA 1973

Question 4

What is s1(1) MCA 1973

Answer 4

the sole cause for divorce - marriage has irretreivably broken down

Question 5

How is irretrievable breakdown s1(1) proved?

Answer 5

one of the 5 facts of s1(2)

Question 6

5 facts grounds for divorce

Answer 6

1) adultery
2) behaviour
3) desertion 2 years
4) seperation 2 years with consent to divorce
5) 5 years seperation

Question 7

ADULTERY

Answer 7

Must be able to prove adutery happened and it is intolerable to live with the person for any reasons
CLEARY 1974

Question 8

definition of adultery

Answer 8

’ voluntary act of sexual intercourse between spouse and third party’
DENNIS 1995

Question 9

BEHAVIOUR

Answer 9

would be unreasonable to expect P to live with them
O’NEILL 1975
LINES 1963

Question 10

O’NEILL 1975

Answer 10

• husband DIY enthusiast
• removed toilet door and didnt replace it for 8 months
• satisfied behaviour

Question 11

LINES 1963

Answer 11

• H forced W to tickle his feet every day and that left her with uncontrollable hand movements
• satisfied behaviour

Question 12

2 YEARS SEPERATION WITH CONSENT TO D

Answer 12

Couple need not be living seperatly, only seperate lives

- HOLENS 1971

Question 13

MOUNCER 1972

Answer 13

• couple ate together and spoke frequently

- not enough to be held as seperate lives for 2 YEARS SEPERATION

Question 14

Defences to divorce?

Answer 14

1) s5 MCA -> R doesnt consent to 5 year seperation divorce only if d RESULT IN GRAVE FINANCIAL HRDSHIP
2) s9 MCA -> 3 months pass after DN can apply to make it DA -> O v O BET