Separation Agreements, Judicial Separation, Divorce, & Nullity Flashcards
What legislation governs Judicial Separation?
Family Law Reform Act 1989, Family Law Act 1995, and Family Law Act 2019
What legislation governs Divorce?
Family Law Act 1996
Where do you get a decree of Judicial Separation?
Circuit Court or High Court (domicile or ordinary residence of the parties)
Where do you get a decree of Divorce?
Circuit Court or High Court (domicile or ordinary residence of the parties)
What are the grounds for granting a Decree of Judicial Separation?
Adultery, Behaviour, or 1 year of either: desertion, living apart, or no normal marital relationship
What are the grounds for granting a Decree of Divorce?
Living apart for 2 of the last 3 years, no reasonable chance of reconcilliation, and Proper Provision.
What is the remedy for a breach of a Judicial Separation order or a decree of divorce?
In both cases, enforcement action or contempt of court
What are the effects of a Judicial Separation?
Parties are not required to cohabit, they are not able to remarry, and they can receive ancilliary reliefs.
What are the effects of a divorce?
The marriage is dissolved, the parties are free to remarry, and there will be maintenance and ancilliary reliefs.
Can a couple go from a judicial separation to a divorce?
Yes. While a separation agreement precludes a subsequent judicial separation (O’D(P) v. O’D (A) [1998]), both a separation agreement and a judicial separation can lead on to a divorce.
What is the effect of a decree of Nullity?
That a marriage is null and void such that the couple are viewed as never having been legally married to each other
What is the implication of a decree of Nullity?
One effect is that ancillary orders in respect of financial and other obligations which are generally made in the context of divorce are not applicable upon a decree of nullity being granted
Where can a decree of Nullity be granted?
Circuit Court ot High Court
What is the difference between Void and Voidable Marriages?
A voidable marriage is one where only the parties have an interest, and a void marriage is one in which society has an interest
What makes a Marriage Void?
The three grounds upon which a marriage can be declared void are:
1. non-observance of formalities.
2. lack of capacity.
3. lack of valid consent.
What would make a marriage voidable?
There are two grounds for declaring a marriage voidable (i) impotence resulting in non-consummation and (ii) inability to enter into and sustain a normal marital relationship.
