Divorce

Question 1

Buffery v Buffery 1988

Answer 1

irretrievable breakdown, none of the 5 facts could be made out, no divorce

Question 2

Goodrich v Goodrich 1971

Answer 2

subjective test of finding it intolerable to live with the respondent

Question 3

Livingstone Stallard v Livingstone Stallard 1974

Answer 3

husband was a twat, subjective test for ‘cannot be reasonably expected to live with R’, the court must look at the circumstances and character of the parties

Question 4

O’Neill v O’Neill 1975

Answer 4

test subjective partially in unreasonable behaviour fact, here the husband was a DIY fanatic who took 8 months to replace the toilet door

Question 5

Mason v Mason 1980

Answer 5

wife agreed to have sex once a week, no divorce as it wasn’t unreasonable

Question 6

Birch v Birch 1992

Answer 6

husband dictatorial and nationalistic, wife particularly sensitive, couldn’t be reasonably respected to live with him

Question 7

Nutley v Nutley 1970

Answer 7

couple agreed that W should move out to look after her I’ll parents, a few years later she decided she’s not going back and didn’t tell the husband, her parents died a couple of years later, no desertion as prior to her parent’s death her husband was still consenting to W’s absence

Question 8

Santos v Santos 1972

Answer 8

living apart requires both physical and mental separation; if one party decides that the marriage is over, he or she doesn’t have to communicate this to the other spouse