Divorce

Question 1

What is decree nisi and decree absolute?

Answer 1

Decree Nisi: decree unless. (does not terminate, provisional in nature)

Decree absolute: decree at end of court process that terminates marriage
- Granted 6 weeks after decree nisi on the application of the party who’s favour the decree nisi is pronounced.

Question 2

What should claimants know about divorce:

Answer 2

• lack of no-fault divorce
• time bar of 1 year [MCA 1973]
• 1 ground for divorce, 5 facts

Question 3

What are important cases for

Adultery + makes it intolerable to live w respondent

Answer 3

Cleary v Cleary: 2 req are separate

Goodrich v Goodrich: intolerability test - subjective (not reasonable person but petitioner)

Dennis v Dennis- same sex doesn’t count

Question 4

Unreasonable behaviour test

Answer 4

Owens v Owens:
Take into acc whole circumstance, character and personalities of both; Would any right thinking person come to this conclusion that wouldn’t be reasonably expected to live w them?
(in this case, court saw reasons as flimsy. Brought up debate of no-fault divorce)

O’Neill v O’Neill:
DIY behaviour > stress, health&raquo_space; Entitled

Mason v Mason:
Wife refuse to engage sex > case rej.

Question 5

How long can they cohabit after the last incident of behaviour?

Answer 5

Bradley v Bradley

≤ 6 months

Question 6

Are they living apart?

Answer 6

Physical [Mouncer v Mouncer]
diff bedrooms, same house. Fact depends. Held: not apart

Mental [Santos v Santos]
Until 1 decides marriage ends. Comm not necessary.

Question 7

where is definition of adultery?

Answer 7

Marriage SCC Act 2013

Sch4 Pt 3