Extra things to learn

Question 1

Financial orders slide 2 factors? section- relation to principals?

Answer 1

25- welfare of child under 18= first consid

Question 2

a?

Answer 2

income/assets/resources

-cts look at current to future and what they could do to icnrease earning cap

take into account prop?which 1 inherited?-white = no kvl met needs

assets e.g home , joint business , family saving etc
wont take 3rd party into account e.g new spouse

Question 3

b?

Answer 3

outgoings/needs

needs wealthy fam spread more than some with little-important rehoused espec 1 with child- law commissions recommeded guidance on needs

Question 4

c?

Answer 4

standard of living- most cases this drops running 2 houses= expensive, but big money cases this is met

Question 5

d?

Answer 5

age of each party/length of marriage- clean break when young, childless and m for short period- get on with lives easier

pre cohab take into account - coco cohab moved seamsly into m

Question 6

e?

Answer 6

physical or mental needs- lkely financial needs met

Question 7

f?

Answer 7

contributions- financiala nd non considered - bread winner and home maker

Question 8

g?

Answer 8

conduct- must be ovs and gross- watchel watcghl- very serios and taken into acount, miller mcfarlene affair taken hvh, murder infront of kids

Question 9

h?

Answer 9

lost benefits- factors of pensions rarely rel

Question 10

clean break advantages?

Answer 10

• parties move on
• pursue carrerres without fear of later claims on income
• avoids failure to pay and cease

Question 11

clean break disadvantages?

Answer 11

cant be adjusted if circum change e.g if 1 party loses job

Question 12

clean break appropriate?

Answer 12

short childless ma
both parties have established careers
big money cases
rels totally broken down

Question 13

clean break inapprop?

Answer 13

insufficient assets oR ASs tied up
young fam
financial imbalance btw 2 parties
uncertainity of financial future

Question 14

bars to divorce?- in stat

civ part bars s51 cpa

Answer 14

1 yr
grave/fianncial
wrong in all the circumstances to dissolve the marriage
hardship must stem from granting of divorce
cases- kvk
adjourning petition until husband made necessary financial arrangements
archer v archer- Not grave hardship to lose out on pension rights when the wife had her own financial assets.
s 10(2)-(4) MCA 1973 – Fact (d) and (e)
- consideration of financial position after divorce
- ‘reasonable and fair’ financial arrangements

Question 15

act for what is family?

Answer 15

-

Question 16

act for marriage and other?

Answer 16

-

Question 17

act for forming?

Answer 17

ma 1949-1994

Question 18

act for void?

Answer 18

s.11 mca – s.25 = r , s.49- c s.11c

Question 19

act for divorce/disso?

Answer 19

s1 mca and cpa 2004

Question 20

act for finacial orders?

Answer 20

mca 1973

Question 21

act for children?

Answer 21

child act part 3s. 17 and 20 4 s.47 37 43 5

Question 22

act for violence?

Answer 22

family act 1996- protection from harassment act 1997

Question 23

act for cohab?

Answer 23

–

Question 24

cohabitation? express trust?

Answer 24

say what intende tp share btw both- set aside or varied by agreement or prop estop-pankhania v chandegra

Question 25

cohabition? resulting trust?

Answer 25

reuslting e.g through contributions put intp a others sole name without recieivng anything

Question 26

cohabition?- constructive trust?

Answer 26

comm intention- lloyds bank plc v rosset and detriment - express agreement

Question 27

cohabition?- proprietery estoppel

Answer 27

d promise c interest in prop, c relied on promise to det, unconcsionable tod eny c relief.

Question 28

cohabition?- detrimental reliance?

Answer 28

g v g- detriment must be hurt, led to believe would u have done unless otherwise

Question 29

extra marks? family rels?

Answer 29

consider whether law needs to be changed - reform - private matters cohab rights bill

Question 30

up marks in exam overall?

Answer 30

always think about your view point if things should be changed and why with support?

Question 31

exam in divorce disso up?

Answer 31

1. forml parents and children in law allowed to marry now- (marrying an in law ) the future of prohib degrees of affinity and conseq in english law 2008 - child and family law quartley– could breach artcle 12 may nto be genetic defect but still breach

Question 32

exam void/voidable?

Answer 32

2. if parties get married 16 and 17 without consent can but can be prevented to false state and can be prosec
3. should you be able to annul or divorce on mental illness
4. gender discrim in pregancy ground
5. consider whether grounds could be to annul and nto divorce - would it go aainst certain thigns.

Question 33

exam divorce?

Answer 33

consider aim, how much law should get involved, espeiclaly depend chidlren involved

mediation is not concerned with getting parties back together