Chapter 4- Ending Relationships

Question 1

What percentage of marriages end in divorce?

Answer 1

42%

Question 2

What is Nullity?

Answer 2

If a marriage is subject to an imperfection to make it void, or voidable.

Question 3

What does s56 of the CPA 2004 cover?

Answer 3

Separation orders

Question 4

What does S1(1) Matrimonial Cause Act state?

Answer 4

Only grounds for divorce is that the marriage has broken down irretrievably (unbaked to be fixed).

Question 5

How is irretrievably established by S1(2) Matrimonial Causes Act (5 points)

Answer 5

Adulterated and intolerability
Respondents behaviour
desertion
Two years separation - consent to divorce from respondent
Five years separation- consent not needed from respondent

Question 6

What is the relevant section for civil partnerships in relation to S1(2) MCA 1973?

Answer 6

S44

Question 7

What is the definition of adultery?

Answer 7

Voluntary sexual relations between a man and woman who are not married or in a civil partnership

Question 8

Cleary v cleary

Answer 8

Application for divorce must show respondent is intolerable to live with. Does not however have to be as a result if adultery.

Question 9

How can intolerability be proven?

Answer 9

Assertion of the applicants claims.

Question 10

S1(2) MCA is there a time limit on adultery application by the courts for divorce.

Answer 10

Applicant must apply for divorce within 6 months of the adulterous act or it can not be relied upon if applicant is still living with respondent for 6 months or even for short periods amounting to 6 months.

Question 11

S1(2)(b) MCA states…

Answer 11

Respondents behaviour can be cause for divorce

Question 12

Test to establish if applicant has grounds for divorce under responders behaviour

Answer 12

Livingstone-Stallard v Lingston Stallard. Court must establish whether a reasonable person would decide that the applicant cannot reasonably be expected to live with respondent.

Question 13

Case example bad behaviour

Answer 13

Birch v birch - husband showed bullish behaviour towards wife

Question 14

S2(3) MCA states

Answer 14

If applicant continues to live with respondent through bad behaviour for UP TO 6 months it will not consider in divorce grounds.

If applicant continues for more than 6 months, it may be granted however living conditions will be taken into account by the court

Question 15

To divorce by desertion, when does the period of 2 years commence.

Answer 15

Once the applicant has presented their application.

Question 16

Which act applies for divorce without 2 years of living together?

Answer 16

S1(2)(D) MCA 1973

Question 17

Which case reflects a successful separation for divorce after 2 years with consent?

Answer 17

Fuller v Fuller

Question 18

What two things must happen in the marriage for divorce with consent to occur.

Answer 18

Living apart continuously for 2 or 5 years. 2 years with consent to separate.

One party must have come to conclusion marriage is over (Santos v Santos)

Question 19

What is the exception to the 2 year period of separation with consent?

Answer 19

The parties can break the 2 year separation providing its for a period of 6 months or less

Question 20

What does S3 MCA state?

Answer 20

Neither party can apply for divorce within 1 year of marriage. Any grounds for divorce that may have occurred within the year can still be relied upon

Question 21

What is the equivalent provision for civil partners of S3 MCA?

Answer 21

S41 CPA 2004

Question 22

3 instances where a court will refuse a divorce?

Answer 22

S5 MCA applications based on living apart for 5 years.

Dissolving marriage would cause grave financial or other hardship

It would be wrong in all other circumstances to to dissolve marriage.

Question 23

Which case reflects how difficult it is to use ‘other hardship’ as a means to prevent a divorce.

Answer 23

Rukat v Rukat

Question 24

What is s10(2)MCA or S48 CPA used for

Answer 24

Used to delay the granting of a decree absolute if respondent believe financial provisions have not been made.

Question 25

What actions must the court take if S10(2) MCA or S48 CPA is raised

Answer 25

Ensure that they do not finalise the divorce until they are satisfied that reasonable financial provisions have been made.

Question 26

What is divorce reform?

Answer 26

It is believed there are not enough ‘Non-Fault’ grounds for divorce which an application may be made using. Owens v Owens

Question 27

What is a void and voidable marriage

Answer 27

Void - never existed

Voidable- existed by now decreed void by courts

Question 28

When is a decree of nullity necessary?

Answer 28

Not for void marriages by recommended, will be granted if marriage is deemed voidable

Question 29

What is the definition of a void marriage?

Answer 29

Where parties lacked capacity to marry, or knowingly and willingly failed to comply with certain formalities.

Question 30

Which grounds can either party use to make a marriage voidable?

Answer 30

Marriage is not consummated

One party did not consent either under duress, mistake or unsoundness of mind

One party was suffering from mental health disorder which prevented them from giving consent

Either party got an interim GRC after the marriage

Question 31

Which grounds can ONE party use to make a marriage voidable?

Answer 31

One party refuses to consummate marriage, willing party can apply

One party suffered from STI at the time of marriage and other party wasn’t aware

At time of marriage one party was pregnant, and not by the other party

One of the parties had legally acquired a gender prior to the marriage

Question 32

Which two grounds to make a marriage voidable do not apply to CPs and SS marriages

Answer 32

Non consummation

STIs pre marriage

Question 33

When does lack of consent occur?

Answer 33

When parties are of unsound mind

Under the influence of alcohol or drugs

English is not their first language and they do not have understanding they are entering into a legal marriage

If parties are forced into the marriage.

Question 34

Which case reflects that duress is as a result of fear caused by threat, of immediate danger to life limb or liberty?

Answer 34

Szcheter v Szcheter

Question 35

Which case do the courts deem as the right case when deciding the effects of duress with no consent?

Answer 35

Hirani v Hirani - whether applicant has been overborne

Question 36

When will court be barred from awarding decree of Nullity?

Answer 36

Applicant knew they could have marriage annulled and didn’t tell respondent

If STI or pregnant issues aren’t brought within 3 years

If GRC issues aren’t brought within 6 months

If applicant knew about STI, pregnancy and GRC prior to marriage

Question 37

Under S16 MCA when is a voidable marriage treated as annulled?

Answer 37

From final date of decree of Nullity. Marriage will be treated as existed until said date.

Question 38

What are the consequences for decree of Nullity,

Answer 38

Any will drafted when marriage was vaof will then become void and spouse will not be entitled to share of will.

Either parties can apply for financial orders under MCA

Question 39

How can judicial separation be granted

Answer 39

Under S17 MCA under proof of any of 5 facts from S1 MCA

Can be granted in first year of marriage

Question 40

What are the consequences of Judicial separation?

Answer 40

Parties are relieved of duties to cohabit, but cannot remarry.

If there is not a valid will, one party will not inherit. Does effect existing wills.

Court can make property and financial orders