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Family Law Flashcards

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1
Q

What is arbitration? (5)

A

A way of seeking to resolve a dispute (1)
Without going to court (2)
A third party or arbitrator (3)
Makes an unbiased decision to resolve the dispute (4)
Those involved may agree to be legally bound by this decision (5)

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2
Q

Name two examples of alternative dispute resolution. (2)

A

Arbitration (1)

Mediation (2)

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3
Q

Arbitration and mediation are both examples of… (1)

A

Alternative dispute resolutions. (1)

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4
Q

What is ancillary relief? (2)

A

An application for financial support (1)
Following the presentation of a petition for divorce, nullity or judicial separation (1)

CODE 9126

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5
Q

What is nullity? (2)

A

A declaration by the court that a supposed (valid) marriage is null and void (1)
That no valid marriage exists (2)

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6
Q

What is judicial separation? (3)

A

A legal arrangement that allows a couple to live apart, without divorcing or ending a civil partnership. (1)

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7
Q

What is an ancillary?

A

An application for financial support (1)
Presented by one spouse to the other (2)
After the presentation of a petition for divorce (3)

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8
Q

What is a person who applies for ancillary relief called? (1)

A

The Applicant (1)

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9
Q

What is a person whose spouse applies for ancillary relief called? (1)

A

The Respondent (1)

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10
Q

How can a financial settlement be reached by a couple who gets divorced? (2)

A

Negotiation and financial disclosure without application to Court, often through solicitors (1)
Or by an application to Court and a Court order, known as ancillary relief (2)

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11
Q

What is a form A? (3)

A

A legal notice of intention (1)
To proceed with an application for financial provision to the Court (2)
Including financial provision to the child(ren)

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12
Q

How does a solicitor organise the proceedings for ancillary relief? (1)

A

By filing a Form A on behalf on the Applicant and the Respondent (1)

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13
Q

In what situations would a solicitor file for a Form A1 rather than a Form A?

A

For a periodical payments order only (1)
To vary or to discharge a periodical payments order only (2)
For financial provision under Part 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004

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14
Q

What form is filed by a solicitor for a Respondent and Applicant whose divorce was overseas?

A

Form D50F

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15
Q

What form is filed by a solicitor for a Respondent and Applicant whose divorce involves neglect or failure to maintain a party or child?

A

Form D50C

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16
Q

What form is filed by a solicitor for a Respondent and Applicant whose divorce involves alteration of a maintenance agreement during the lifetime of the parties?

A

Form D50H

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17
Q

What is divorce? (1)

A

Divorce is a declaration ending a valid marriage.

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18
Q

What constitutes a voidable marriage? (1)

A

A valid marriage until a decree of annulment is made (1)

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19
Q

What is annulment? (2)

A

A nullity of an alleged marriage (1)

Seeking to prove that the marriage is null and void (2)

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20
Q

What effect does a church annulment have on legal proceedings? (3)

A

It does not have any legal effect (1)
You may not legally remarry (2)
You can remarry in the eyes of the church (3)

21
Q

What is a void marriage? (3)

A

A marriage that never took place (1)
Meaning there is no need to go to Court to apply for a decree of annulment (1)
Although it is advisable to obtain a Court order stating the marriage is annulled (3)

22
Q

In what ways can you prove that a marriage was void?

A

At the time of the marriage ceremony (1)
You or your spouse was incapable of entering into a binding contract (2)
One/both were already validly married or in a civil partnership (3)
You were closely related to each other (4)
You were of the same biological sex and your marriage took place before 16 November 2015 (5)
The formal requirements for a marriage ceremony were not followed i.e. there was no formal application to the Registrar of Marriages. (6)
At the time of the marriage, there was a lack of consent. (7)

23
Q

What may constitute a lack of consent to marriage?

A 
Duress (being forced into marriage) (1)
Mistake (2)
Misrepresentation (3)
Fraud (4)
Intoxication at the time of marriage (5)
Suffering from mental illness at the time of marriage (6)
24
Q

In what ways can you prove that a marriage was void?

A

At the time of the marriage ceremony (1)
Either party was impotent (2)
Incapability of entering into and sustaining a proper or normal marriage relationship (3)
Due to a psychiatric illness, personality disorder or sexual orientation. (4)

25
Q

What is meant by the term impotent?

A

Incapable of sexual intercourse (1)

This does not include infertility or refusal to consummate the marriage (2)

26
Q

For what reasons would a person get a judicial separation rather than divorce or annulment. (3)

A

You have religious reasons against divorce. (1)
You’ve been married or in a civil partnership for less than a year. (2)
You want time and space to work out if you want to end the marriage or civil partnership. (3)

27
Q

How much does legal separation cost? (1)

A

£365 (1)

28
Q

What is common law?

A

The basis of the legal system of England and Wales

29
Q

How does the Court make decisions regarding Family Law?

A

Family law is found in Acts of Parliament (1)

It is applied and interpreted by the Higher Courts to create legal precedent (2)

30
Q

What is the core legislation relating to divorce and financial proceedings? (1)

A

The Matrimonial Causes Act 1973 (MCA 1973) (1)

31
Q

What is the primary source of law in relation to children, their upbringing and welfare? (1)

A

The Children Act 1989 (CA 1989)

32
Q

What is the party who starts divorce proceedings known as? (1)

A

The Petitioner (1)

33
Q

What are decree proceedings? (1)

A

Proceedings used to formally dissolve a marriage in the eyes of the law (1)

34
Q

What are financial remedy proceedings? (1)

A

Proceedings used to separate finances, property and other assets after a divorce (1)

35
Q

What are Children Act proceedings? (1)

A

Proceedings used to resolve arrangements for children

36
Q

What is a Petitioner? (2)

A

`A party who starts divorce proceedings (1)

This party has far more control over divorce proceedings (2)

37
Q

Which partner pays the solicitor in divorce proceedings? (2)

A

The Petitioner must pay their solicitor for the work they do to obtain the divorce (1)
They can however ask via a court order for the Respondent to pay or contribute to the costs (2)

38
Q

What is a Respondent? (2)

A

A party who receives divorce proceedings from the Petitioner (1)

39
Q

What is the only ground for divorce in England and Wales? (3)

A

‘Irretrievable breakdown of the marriage’ (1)
Whether due to your spouse’s adultery, unreasonable behaviour, two years’ desertion, two years’ separation with consent, five years’ separation (2)
It is not possible to divorce on the basis of your own adultery or unreasonable behaviour (3)

40
Q

What is the divorce process in England and Wales before the Respondent receives documentation from the court? (4)

A

The Divorce Petition is drafted by the Petitioner and his/her solicitor (1)
The documents are submitted to the court (2)
The court will send documents that issue divorce proceedings (3)

41
Q

What should you do if you should need a copy of your marriage certificate after engaging in divorce proceedings? (1)

A

You should order and use a certified copy for the General Register Office (1)

42
Q

What documents does the solicitor submit to court? (4)

A

The Divorce Petition
The marriage certificate, which is not returned by the court
The Court fee of £550, paid by cheque
The Statement of Reconciliation

43
Q

What documents does the court send to issue divorce proceedings? (2)

A

A sealed copy of the Divorce Petition (1)

An Acknowledgement of Service Form to the Respondent (2)

44
Q

What is the divorce process when the Respondent receives the Divorce Petition and an Acknowledgement of Service Form?

A

If the Respondent returns the completed form within 7 days the stage is complete (1)
If not the divorce will not proceed until the Respondent formally admits to adultery or formally confirms their consent to the divorce (2)
In which case it is often recommend to amend the Divorce Petition to something more agreeable to the Respondent (3)
If the Respondent does not respond yet is accused of unreasonable behaviour, two years’ desertion or five years’ separation, the divorce can proceed subject to ‘Proof of Service’ (4)

45
Q

How is ‘Proof of Service’ submitted? (2)

A

By a ‘process server’ who is employed to hand the papers to the Respondent and then sign a statement to confirm they have done this (1)
This extra step incurs delay and extra cost (2)

46
Q

Why is cross-petitioning a divorce often pointless? (2)

A

If the Respondent doesn’t agree with an
allegation of unreasonable behaviour (1)
They can formally record that on the Acknowledgement of Service Form without interrupting the process itself (2)

47
Q

What happens when a divorce is cross-petitioned?

A

The Respondent files for a competing petition for divorce within 28 days, on the terms preferred him/her (1)
They may ask for a Divorce Petition themselves on a different fact, such as adultery and unreasonable behaviour by the Petitioner (2)

48
Q

What is the Decree Nisi stage of a divorce? (4)

A

After the Acknowledgement of Service Form is completed the Petitioner files a statement to confirm the accuracy of the Divorce Petition (1)
This is done by filing the Application for Decree Nisi (2)

Law (7 decks)

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