DIVORCE! Flashcards
Clarkson v Clarkson
Adultery definition - Ordinary and complete voluntary sexual intercourse with person of opposite sex
Owens v Owens
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.
Cleary v Cleary
Intolerability doesn’t have to flow from the adultery
Carr v Carr
Treatment of children was the source of intolerability
Ash v Ash
Behaviour is compared to whether a reasonable for person with character, personality and faults of person would live with respondent.
Richards v Richards
Husband mentally ill, abusive. Not unreasonable for her to live with him.
Thurlow v Thurlow
Husband epileptic, and as a result the wife’s health suffered. This meant it was unreasonable for her to live with him.
Hadjimilitis
Husband claiming his wife only married him for money made it unreasonable for her to live with him.
Le Brocq
Husband banned from bedroom = insufficient for separation for desertion
Mouncer v Mouncer
No separation as still ate meals and washed together despite sleeping separately.
Santos v Santos
Parties have to mentally separate.
Critics of Family Law Act Reform:
Walker, Freeman, Deech, Richards, Hasson, Bevan.
Advocates of Family Law Reform
Lady Hale, Peter Morris, Reece, Deech, Bainham
