Terminating Adult Relationships

Question 0

Which legal remedy ends a marriage?

Answer 0

Divorce.

Question 1

What are the 3 distinct legal remedies to terminate a relationship?

Answer 1

1) Nullity
2) Judicial Separation
3) Divorce

Question 2

In Scotland how many grounds are there for voidable marriages and what are they?

Answer 2

Nullity

Question 3

How can a decree of Judicial Separation be obtained?

Answer 3

On the same facts as a divorce but it is not necessary to prove the irretrievable breakdown of the marriage.

Question 4

In cases of judicial separation can the couple remarry and have sex with other people?

Answer 4

No, this will count as adultery

Question 5

What was the last country to allow divorce in the EU and when?

Answer 5

Malta 2011

Question 6

When did Ireland allow divorce?

Answer 6

1996

Question 7

What are the 3 structures of a divorce rule?

Answer 7

1) Fault Based
2) No fault
3) Mixed system

Question 8

in 1857 what was the only act that could be used for divorce?

Answer 8

Adultery by the wife, and adultery along with other grounds e.g. aggression by the husband.

Question 9

How can international divorce apply in the UK?

Answer 9

When one of the parties has a link to another country in which they can obtain a divorce.

Question 10

Under which act in England can the breakdown of marriage due to divorce be found?

Answer 10

Matrimonial Causes Act 1973 S.1

Question 11

In Scotland under which act can the grounds of divorce be found?

Answer 11

Divorce (Scotland) Act 1976 S.1

Question 12

How many grounds of divorce are there in England?

Answer 12

1

Question 13

How many grounds of divorce are there in Scotland?

Answer 13

2

Question 14

How many grounds of irretrievable breakdown are there in Scotland?

Answer 14

4

Question 15

How many grounds of irretrievable breakdown are there in England?

Answer 15

5

Question 16

If the marriage has broken down but one of the grounds cannot be proven, can a divorce occur?

Answer 16

No

Question 17

In which case had the marriage broken down in England but none of the grounds of divorce could be proven?

Answer 17

Buffery v. Buffery 1988

Question 18

How many grounds of marital breakdown in Scotland are fault based and what are they?

Answer 18

2 - adultery and behaviour in which the pursuer cannot reasonably be expected to cohabit with.

Question 19

Can grounds of adultery be used in cases involving civil partnerships?

Answer 19

No

Question 20

In which case was it held that Artificial Insemination did not constitute adultery?

Answer 20

MacLennan v. ManLennan 1958

Question 21

If a husband forgave his wife for adultery, later could be raise this as a ground for divorce?

Answer 21

Unlikely, as it would have been shown that it was tolerable.

Question 22

In which case was it not necessary to show that intolerability and adultery were separate elements?

Answer 22

Clearly v. Clearly 1974

Question 23

Upon discovery of the adulterous act how long does the partner have to file a divorce petition?

Answer 23

3 months

Question 24

Is it a defence against adultery if you have encouraged your spouse to do so?

Answer 24

Yes

Question 25

What sort of behaviour in England can allow for this ground to be raised?

Answer 25

Violence, Unreasonable Demands, Sexual Unfaithfulness - including things that do not amount to adultery.

Question 26

In which case was it held that a lack of displaying affection did not fall within unreasonable behaviour?

Answer 26

Pheasant v. Pheasant 1972

Question 27

In which case was a wife able to divorce her husband due to his manic depression?

Answer 27

Katz v. Katz 1972

Question 28

In relation to grounds of behaviour who will the court look at in regards to its impact?

Answer 28

The petitioner

Question 29

In which case was it possible for a divorce in the situation where the wife was bedridden?

Answer 29

Thurlow v. Thurlow 1976

Question 30

In which case was it held that having sex once a week was not unreasonable?

Answer 30

Mason v. Mason 1982

Question 31

What is desertion?

Answer 31

It occurs where there has been actual separation for no good reason and without consent, for two years.

Question 32

What must be established in order for the ground of desertion to be raised? (4 Grounds)

Answer 32

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

Question 33

In which case was it determined that more than a separation of bedrooms was required for desertion to have occurred?

Answer 33

Le Brocq v. Le Brocq 1964

Question 34

In which case was it determined that the wife no longer performing domestic activates accounted for desertion?

Answer 34

Naylor v. Naylor 1962

Question 35

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?

Answer 35

Samurai v. Samurai 2014

Question 36

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?

Answer 36

Santos v. Santos 1972

Question 37

In order for a divorce on the grounds of non-cohabitation without consent how long must the couple be separated in Scotland and England?

Answer 37

Scotland - 2 years

England - 5 years

Question 38

The procedure in England is two staged - what are the stages?

Answer 38

Decree Nisi followed by a Decree Absolute

Question 39

At what stage in England is the marriage terminated?

Answer 39

When the decree absolute is issued

Question 40

How longer in England after the Decree Nisi is granted may the petitioner then apply for a decree absolute?

Answer 40

6 weeks

Question 41

In Scotland how many decrees of divorce are there?

Answer 41

1 - Decree of Divorce

Question 42

How long in England must you have been married before applying for divorce and under which act?

Answer 42

1 year under the Matrimonial Causes Act 1973 S.3(1)