New concepts

Question 1

Void marriage

Answer 1

there is no need for a court to render the marriage non-existant, a decree or declaration of nullity by a court is merely declaratory of the parties intentions. A void marriage is one where the parties hae undergone some form of the ceremomny of marriage, but there was a fundamental flaw in that ceremony.

Question 2

Hudson v Leigh HC 2009

Answer 2

Bodey’s test:

he does not attempt to define a non marriage. Questionable ceremonies are addressed on a case by case basis, taking into account the factors, including… but not exhaustively.

Question 3

Voidable marriage

Answer 3

Valid marriage until declared otherwise. It cannot be challenged after the death of one of the parties or a third party whereas a void one can.

Question 4

Adultery definition

Answer 4

the voluntary sexual intercourse by one of he parties with a third party of the opposite sex and requires some element of penile vaginal penetration

Question 5

Adultery additional requirements

Answer 5

s2(1) and (2) encourage reconciliation.

Question 6

Old behavior divorce cases vs newer ones

Answer 6

The older cases indicate that the behaviour needs to be serious, but the recent evidence is that the court will not judge too strictly that which one partner claims is unreasonable for him or her.