DIVORCE! Flashcards

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1
Q

Clarkson v Clarkson

A

Adultery definition - Ordinary and complete voluntary sexual intercourse with person of opposite sex

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2
Q

Owens v Owens

A

Cannot petition on basis of own adultery.
Case concerned wife wanting divorce as husband too focused on work, lacked love, unpleasant, put her down.
Divorce was refused as claims were exaggerated and flimsy.

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3
Q

Cleary v Cleary

A

Intolerability doesn’t have to flow from the adultery

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4
Q

Carr v Carr

A

Treatment of children was the source of intolerability

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5
Q

Ash v Ash

A

Behaviour is compared to whether a reasonable for person with character, personality and faults of person would live with respondent.

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6
Q

Richards v Richards

A

Husband mentally ill, abusive. Not unreasonable for her to live with him.

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7
Q

Thurlow v Thurlow

A

Husband epileptic, and as a result the wife’s health suffered. This meant it was unreasonable for her to live with him.

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8
Q

Hadjimilitis

A

Husband claiming his wife only married him for money made it unreasonable for her to live with him.

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9
Q

Le Brocq

A

Husband banned from bedroom = insufficient for separation for desertion

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10
Q

Mouncer v Mouncer

A

No separation as still ate meals and washed together despite sleeping separately.

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11
Q

Santos v Santos

A

Parties have to mentally separate.

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12
Q

Critics of Family Law Act Reform:

A

Walker, Freeman, Deech, Richards, Hasson, Bevan.

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13
Q

Advocates of Family Law Reform

A

Lady Hale, Peter Morris, Reece, Deech, Bainham

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