Financial provision on divorce

Question 1

case which tells us the most important principle when applying financial provision

Answer 1

Cunniff v Cunniff there is a duty to apply section 9 1 a as it is the most important principle.

Question 2

case which shows what should be included as matrimonial property

Answer 2

watt v watt- wife was allowed 3 million out of 6 million as this was obtained during the marriage and she helped with the family business.

also Maclellan v maclellan where something not bought in contemplation of the marriage will not be mattrimonial property

Question 3

case which disputed when cohabitation ceased which showed when matrimonial property should be identified

Answer 3

Banks V Banks

Question 4

case which shows whether damages should be taken as matrimonial property

Answer 4

skarpas v skarpas
we know that it should be when the injury occured not when the damages were obtained. injury must happen during marriage.

Question 5

which case shows section 9 1 (b) in action with the balancing exercise

Answer 5

this was shown in harris v harris where the wife paid off most of the mortgage and stayed at home. was awarded more than half of the net value of the house.

Question 6

periodical allowance case

Answer 6

bell v bell