Divorce

Question 1

Dart v Dart

Answer 1

Moor J noted that an application for decree absolute would generally be granted unless the other party could show special circumstances to defer it.

Question 2

Kim v Morris

Answer 2

Petition nisi, parties reconciled then split again. 4 years later, wife applied for a decree absolute. Had to start the proceedings again.

Question 3

Ash v Ash

Answer 3

Bagnall J - can this petitioner, with his or her character and personality, with his or her faults and other attributes, good and bad, and having regard to his or her behaviour during the marriage.

Question 4

Owens v Owens

Answer 4

The court found that 27 examples of unreasonable behaviour were not actually unreasonable - so the petition was rejected.

Question 5

Katz v Katz

Answer 5

The husband’s manic depression qualified as unreasonable behaviour to the extent that the wife committed suicide.

Question 6

Pulford v Pulford

Answer 6

Desertion ‘not the withdrawal from a place, but from a state of things’

Question 7

Hollens v Hollens

Answer 7

Held to be living apart as had not spoken or eaten together since a quarrel over 2 years ago.

Question 8

Mouncer v Mouncer

Answer 8

Not living apart - on bad terms and in separate bedrooms but still spending some communal time together.

Question 9

Cleary v Cleary 1974

Answer 9

Adultery can be the reason behind a divorce even if it did not play a significant part in the breakdown of the marriage.