Legal Aspects Of Marraige- Property

Question 1

Bell v Bell 1983

Answer 1

Exclusion orders

Test of necessity was high and severe element of real immediate danger and damage also needed

Woman went against husband and he had molested her and she had to leave home

Exclusion order officially granted however husband appealed and won because she had left voluntarily

Question 2

Smith v Smith 1983

Answer 2

Exclusion orders

Years of alledged attack’s and she left the home with her 3 children

Court took a strict approach and the exclusion order was withdrawn because they no longer lived together anyway

Question 3

Brown v Brown 1985

Answer 3

Change in approach to exclusion orders

Said that a molestation interdict was not necessary to receive exclusion clause
Pursuer was violently abused so moved out with 2 children
Judge took the view that an exclusion clashes was allied even though no mollestation interdict because there was obvious danger

Question 4

Robertson v Robertson 1999

Answer 4

Change in approach to exclusion orders

Woman had moved into hostel with her daughter, husband had claimed it was her fault because she was mentally ill however the courts found him to be obsessive, paranoid, psychologically abusive and she was granted the exclusion

Question 5

Armour v Anderson 1984

Answer 5

Cohabitation exclusion orders

Unmarried cohabitation couple who had a baby- she requested an exclusion order
Court granted this even though they were unmarried

Question 6

Pyatt v Pyatt 1966

Answer 6

Housekeeping allowance

Common law position
Should the money from the winning go to the husband or should it be split?
She used housekeeping allowance so it should be split