Divorce and Dissolution Flashcards
ECHR:
Babiarz v Poland
No ‘right’ to divorce under ECHR law.
Adultery:
Stewart v stewart
Being a victim of rape does not count as adultery
Adultery:
MacLennan v MacLennan
Only counts as adultery if its heterosexual.
Adultery:
Hunter v Hunter
Husband told wife to “Go back to your old ways” and she did. She used the defence of lenocinium but it didn’t count since he spoke out of anger.
Adultery:
Gallacher v Gallacher
Lenocinium proved through letters so divorce not allowed on grounds of adultery.
Adultery:
Annan v Annan
Forgiveness itself does not amount to condonation. Defence failed and divorce was granted.
Behaviour:
Fullarton v Fullarton
Behaviour can justify divorce even if it’s a result of mental abnormality.
Behaviour:
White v White
The conduct does not need to be directed at the spouse.
Behaviour:
Haste v Hastie
Single act may suffice
Behaviour:
Taylor v Taylor
Conduct does not need to be directed towards the spouse.
Non-cohabitation:
fuller v fuller
A wife and her boyfriend took care of her terminally ill husband whom she was separated from but lived in the same house. Does not count as cohabitation since they were not living together as husband and wife.
Boyle v Boyle
No reason needed to withhold consent.
