Divorce Flashcards
Duration required prior to divorce?
1 year
Sole ground for divorce?
S1(1) MCA 1973 - Irretrievably breakdown of marriage
S1(2) the 5 grounds
What are the five facts under s1(2) MCA 1973?
Adultery
Respondents behaviour
Desertion
2 years separation with consent
5 years separation
S1(2)(b) MCA 1973 - is there a need to be blameworthy?
No - Gollins v Gollins 1964
Problems with the current divorce law?
Confusing & Misleading - Fact as evidence although may not be the cause of irretrievably breakdown
Unfair - living separate is expensive
Bargaining position; one party might want a delayed process
Bitterness - fault based system
Children suffer - parents in conflict
Aims of divorce law?
To support marriage
To save marriage
To reduce bitterness
To promote a continuing relationship
Emotional turmoil
3 main advantages of mediation?
No correct answer - helps bitterness and to focus on real matters for the parties involved
Better communication
Cheaper relatively
3 main disadvantages to mediation?
Not entirely impartial
Neither fair to the weaker party
Position of children - should they even be involved?
Child arrangements orders are made under…
S8 of the children’s Act 1989
Types of S8 orders?
Residence orders
Contact orders
What section allows the courts to attack conditions?
S11(7) CA1989
Non parents applying for s8 orders will be discretioned by what section?
S10(4) ca 1989
Statutory checklist for best interests of a child?
S1(3) CA1989
