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Family Law > Cases and Legislation > Flashcards

Cases and Legislation Flashcards

1
Q

Legislation for JS

A

Judicial Separation and Family Law Reform Act 1989

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2
Q

Adultery

A

s2(1)(a)

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3
Q

Behaviour

A

s2(1)(b)

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4
Q

Desertion

A

s2(1)(c)

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5
Q

Living Apart (JS)

A

s2(1)(d) and Family Law Act 2019

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6
Q

Broken Down Marriage

A

s2(1)(f)

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7
Q

S v S 2009

A

it has to be adultery by the respondent

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8
Q

Counihan v Counihan 1973

A

departure with consent doesn’t count as desertion

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9
Q

McA v McA 2000

A

you can be living apart and still under the same roof and vice versa

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10
Q

Owens v Owens 2018

A

the respondent has behaved in such a way that the applicant can’t be expected to live with them.
you don’t have to prove that the conduct caused the break-down of the marriage. Just that it happened.

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11
Q

R v Millis 1884

A

marriage has to be in the presence of an ordained priest

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12
Q

Ussher v Ussher 1912

A

exchange vows in the presence of a priest and then the church has its own strict formalities

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13
Q

specific formalities for mixed marriages involving Roman Catholics

A

Matrimonial Causes and Marriages Law (Amendment)(Ireland) Act 1870

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14
Q

rules for Church of Ireland, Presbyterian, Methodists, other Christian, Jewish Demoninations and Quakers

A

Marriages (Ireland) Act 1844

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15
Q

these rules were unconstitutional as different rules applied for different religious groups.

A

Constitutional Review 1966

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16
Q

Article 44.2.3 of the Constitution

A

bans discrimination based on religion

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17
Q

came into force 2007
- uniform rules for all faiths and non-faith marriages

A

Civil Registration Act 2004, Part 6

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18
Q

give at least 3 months written notice to the Civil Registrar

A

Civil Registration Act 2004, s.46

19
Q

exceptions to notice
- can apply to High/Circuit Court for exemption

A

Civil Registration Act 2004, s.47

20
Q

Wilson v Wilson 1848

A

established the validity of separation agreements

21
Q

Cullen v Cullen 1970

A

agreement is not enforceable unless its in the best interest of the child

22
Q

Guardianship of Infants Act 1964

A

Custody proceedings

23
Q

s.8 of Family Law (Maintenance of Spouses & Children) Act 1976

A

agreement to make periodical payments a ‘rule of court’
- apply in HC or CC

24
Q

YG v NG 2011

A

proper provision must be made for both parties in divorce

24
Q

Civil Registration Act 2004, s.2(2)

A

Marriage Impediments
- under 18
- closely related
- already married to each other
- already married to some else or in a CP

25
Q

Article 41.4 of the Constitution

A

Same sex couples have the right to marry

26
Q

N v K 1985

A

Lack of consent

27
Q

Assisted Decision-Making (Capacity) Act 2015

A

Inability to give consent - psychiatric illness

28
Q

People (AG) v. Ballins (1964)

A

Can’t get an annulment from the Roman Catholic Church

29
Q

Civil Partnership & Certain Rights & Obligations of Cohabitants Act 2010

A

rights and obligations for cohabitants, qualified cohabitants and civil partners

30
Q

s.194 2010 Act

A
  • claim from the estate of the deceased cohabitant if there’s no proper provision in will.
  • 2 year limit if relationship ended before the death of the cohabitant. And the surviving cohabitant must then prove financial dependence.
  • If they are still together before the death, then there’s no need for proof of financial dependence.
31
Q

Part 15 of 2010 Act

A

Cohabitants:
- 2 adults living together
- in an intimate relationship
- not married to each other
- not each other’s civil partner
- can be same/opposite sex

32
Q

s.202 of 2010 Act

A

cohabitants contracts governing financial matters during the relationship or its termination
- must first get either Independent Legal Advice or Joint Legal Advice

33
Q

Rights of Cohabitants

A
  • right to make contractual agreements
  • protection in relation to:
    • wrongful death
    • succession of residential tenancy
    • domestic violence
  • limited recognition in relation to immigration
34
Q

Domestic Violence Act 2018

A
  • Enhanced protections for victims
  • Extended availability of safety order to non-cohabiting intimate partners
  • New offence of coercive control
  • New offence of forced marriage
  • Removed the ability to obtain a court exemption from the minimum age requirement for marriage; minimum age for marriage is now 18 in all cases
35
Q

s.6 DVA 2018

A

safety orders

36
Q

s.7 DVA 2018

A

barring orders

37
Q

s.8 DVA 2018

A

interim barring orders

38
Q

s.9 DVA 2018

A

emergency barring orders

39
Q

s.10 DVA 2018

A

protection orders

40
Q

s.38 DVA 2018

A

offence for forced marriage

41
Q

s.39 DVA 2018

A

offence for coercive control

42
Q

DK v Crowley 2003

A

IBO sought ex parte has a time limit of 8 working days

Family Law (1 decks)

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