Chapter 3- Divorce Law Flashcards
What is the only ground for divorce?
Irretrievable breakdown of marriage. Proven by 5 facts
What is the statute for ground for divorce
S1(1) MCA 1973
What is Fact A? And what can/can’t be relied upon with it.
Adultery and intolerability to live with
- can’t be relied upon for same sex adultery
- can’t be relied upon is applicant knew about it
- can’t be relied upon after 6 months of the committed adultery
- can’t be replied upon if applicant committed the adultery.
What is the statute for Fact A?
S1(2)(A) MCA 1973
What is Fact B? What can/can’t be relied upon?
Respondent has behaved in such a way that the applicant is not reasonably expected to live with respondent.
CASE: Livingston stallard v Livongston Stallard
Can include reasons: Violence Substance abuse Financially irresponsible Lack of communication
What is the statute for Fact B?
S1(2)(b) MCA 1973
What is Fact C? What can / can’t be relied upon?
The respondent has deserted the applicant for a continuous period of 2 years prior to application
Applicant must not have contributed to respondent leaving
Respondent must consent to decree being granted
What is the statute for Fact C?
S1(2)(c) MCA 1973
What is Fact D? What can / Can’t be relied upon
Parties have lived apart for 2 years prior to application.
Must show;
Understanding between parties marriage has come to an end
Respondent must consent to decree
What is the statute for Fact D?
S1(2)(d) MCA 1973
What is Fact E? What can / can’t be relied upon?
The parties have lived apart for a continued period of 5 years prior to application.
No consent for decree is required.
What is the Statute for Fact E?
S1(2)(e) MCA 1973
What does S3(1) MCA state
Matrimonial proceedings cannot be brought in the first year.
What does S3(2) MCA state
Any facts for divorce which occurred in the first year, can be relied upon for any following application.
What is a defended / I defended divorce suit?
Where respondent opposes decree for divorce.
