Terminating Adult Relationships Flashcards
Which legal remedy ends a marriage?
Divorce.
What are the 3 distinct legal remedies to terminate a relationship?
1) Nullity
2) Judicial Separation
3) Divorce
In Scotland how many grounds are there for voidable marriages and what are they?
Nullity
How can a decree of Judicial Separation be obtained?
On the same facts as a divorce but it is not necessary to prove the irretrievable breakdown of the marriage.
In cases of judicial separation can the couple remarry and have sex with other people?
No, this will count as adultery
What was the last country to allow divorce in the EU and when?
Malta 2011
When did Ireland allow divorce?
1996
What are the 3 structures of a divorce rule?
1) Fault Based
2) No fault
3) Mixed system
in 1857 what was the only act that could be used for divorce?
Adultery by the wife, and adultery along with other grounds e.g. aggression by the husband.
How can international divorce apply in the UK?
When one of the parties has a link to another country in which they can obtain a divorce.
Under which act in England can the breakdown of marriage due to divorce be found?
Matrimonial Causes Act 1973 S.1
In Scotland under which act can the grounds of divorce be found?
Divorce (Scotland) Act 1976 S.1
How many grounds of divorce are there in England?
1
How many grounds of divorce are there in Scotland?
2
How many grounds of irretrievable breakdown are there in Scotland?
4
How many grounds of irretrievable breakdown are there in England?
5
If the marriage has broken down but one of the grounds cannot be proven, can a divorce occur?
No
In which case had the marriage broken down in England but none of the grounds of divorce could be proven?
Buffery v. Buffery 1988
How many grounds of marital breakdown in Scotland are fault based and what are they?
2 - adultery and behaviour in which the pursuer cannot reasonably be expected to cohabit with.
Can grounds of adultery be used in cases involving civil partnerships?
No
In which case was it held that Artificial Insemination did not constitute adultery?
MacLennan v. ManLennan 1958
If a husband forgave his wife for adultery, later could be raise this as a ground for divorce?
Unlikely, as it would have been shown that it was tolerable.
In which case was it not necessary to show that intolerability and adultery were separate elements?
Clearly v. Clearly 1974
Upon discovery of the adulterous act how long does the partner have to file a divorce petition?
3 months
Is it a defence against adultery if you have encouraged your spouse to do so?
Yes
What sort of behaviour in England can allow for this ground to be raised?
Violence, Unreasonable Demands, Sexual Unfaithfulness - including things that do not amount to adultery.
In which case was it held that a lack of displaying affection did not fall within unreasonable behaviour?
Pheasant v. Pheasant 1972
In which case was a wife able to divorce her husband due to his manic depression?
Katz v. Katz 1972
In relation to grounds of behaviour who will the court look at in regards to its impact?
The petitioner
In which case was it possible for a divorce in the situation where the wife was bedridden?
Thurlow v. Thurlow 1976
In which case was it held that having sex once a week was not unreasonable?
Mason v. Mason 1982
What is desertion?
It occurs where there has been actual separation for no good reason and without consent, for two years.
What must be established in order for the ground of desertion to be raised? (4 Grounds)
1) Actual Separation
2) Intention to desert by the respondent
3) Lack of consent to the Separation by the petitioner
4) That the separation is without just cause
In which case was it determined that more than a separation of bedrooms was required for desertion to have occurred?
Le Brocq v. Le Brocq 1964
In which case was it determined that the wife no longer performing domestic activates accounted for desertion?
Naylor v. Naylor 1962
In which case was it determined that while the husband slept in a different bedroom, the continuation of all other household activites was the same. Therefore, it was not equatable to desertion?
Samurai v. Samurai 2014
In which case was it determined that while the couple lived apart a change in circumstances would be required for a divorce to be allowed?
Santos v. Santos 1972
In order for a divorce on the grounds of non-cohabitation without consent how long must the couple be separated in Scotland and England?
Scotland - 2 years
England - 5 years
The procedure in England is two staged - what are the stages?
Decree Nisi followed by a Decree Absolute
At what stage in England is the marriage terminated?
When the decree absolute is issued
How longer in England after the Decree Nisi is granted may the petitioner then apply for a decree absolute?
6 weeks
In Scotland how many decrees of divorce are there?
1 - Decree of Divorce
How long in England must you have been married before applying for divorce and under which act?
1 year under the Matrimonial Causes Act 1973 S.3(1)
