Divorce law

Question 1

What is the new law on divorce called

Answer 1

Divorce, Dissolution and Separation Act 2020

Question 2

What new divorce features have been available since 2018

Answer 2

´ On-line divorce available.

´ No legal advice needed.

Question 3

What do sections 1 and 3 say about divorce in the MCA 1973

Answer 3

´ s 1 (1) Petitioner lodges at court a divorce petition on grounds of irretrievable breakdown and facts.
´ s 1(2) Facts must satisfy the court (subsections a-e).
´ s 1 (3) Court will assess the facts provided (5 possible).
´ s 1(4) If satisfied, the court will grant a decree of divorce.
´ A decree nisi, a conditional decree, pending arrangements for financial remedies and children.
´ The issue: The truth is not checked.
´ s 3 the marriage must have lasted more than 1 year.

Question 4

What were the old five facts for divorce

Answer 4

Adultery, behaviour, desertion, 5 years sep (no fault), 2 years sep and consent (no fault)

Question 5

What case outlines the importance of irretrievable breakdown

Answer 5

Buffery 1988

Question 6

What was the leading case making a change to the law around divorce

Answer 6

Owens 2017

Question 7

What is a defence to a divorce petition

Answer 7

grave financial hardship

Question 8

What does the DDSA change

Answer 8

´ Replace the requirement to provide evidence of conduct or separation facts with a new requirement to provide a statement of irretrievable breakdown.
´ Remove the possibility of contesting the decision to divorce, as the statement of irretrievable breakdown is to be taken as conclusive evidence that the marriage has broken down irretrievably.
´ Divorce proceedings will still be able to be challenged for other reasons including jurisdiction, validity of the marriage, fraud and procedural compliance.

Joint petitioning

Question 9

What can a domicile be

Answer 9

• Domicile of origin: determined at birth by reference to the dependency of a child on others; if a child is born to married parents who live together, domicile is determined by that of the domicile of the father. If the mother is unmarried or widowed, an individual acquires the mother’s domicile of origin.
• Domicile of dependence: until the age of 16 years, a person’s domicile is dependent on that of their parents.
• Domicile of choice: a domicile of origin may be displaced by a domicile of choice, when a person has an intention to reside permanently or indefinitely in a jurisdiction where he is physically present.