Unit 2: Divorce/Dissolution

Question 1

Matrimonial Causes Act 1857

Answer 1

Pre-MCA there was no juducisal process; divorce required Act of parliament. only basis for divorce was adultery. only available to women if could demonstrate additional aggravating factor e.g. incest

Question 2

Matrimonial Causes Act 1937

Answer 2

added additional grounds for divorce e.g. cruelty, desertion, insanity. first time able to obtain divorce without fault i.e. insanity

Question 3

Divorce Reform Act 1969

Answer 3

societal pressure to reform law on divorce; freedom of choice and acceptance. breakdown of marriage sole reason for divorce using one of 5 facts

Question 4

Matrimonial Causes Act 1973 s3

Answer 4

Bar on divorce for on year - unable to divorce for any circumstances. Designed to ensure couples take marriage seriously by imposing absolute threshold

Question 5

Matrimonial Causes Act 1973 s1(1)

Answer 5

a petition to divorce may be presented to the court by either party to a marriage on the ground that the marriage has irretrievably broken down

Question 6

The 5 facts

Matrimonial Causes Act 1973 s1(2)(a) Adultery

Answer 6

the respondent has committed adultery i.e. sexual intercourse with someone of the opposite sex AND
the petitioner finds it intolerable to live with the respondent

Question 7

The 5 facts

Matrimonial Causes Act 1973 s1(2)(b) Behaviour

Answer 7

The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent

Question 8

The 5 facts

Matrimonial Causes Act 1973 s1(2)(c) Desertion

Answer 8

The respondent has deseretd the petitioner for a period of at least 2 years:
physical separation; against petitioner’s wishes; for no justifiable reason

Question 9

The 5 facts

Matrimonial Causes Act 1973 s1(2)(d) 2 years separation w/ consent

Answer 9

parties have lived apart for at least 2 years and the respondent consents

Question 10

The 5 facts

Matrimonial Causes Act 1973 s1(2)(e) 5 years separation

Answer 10

parties have lived apart for at least 5 years

Question 11

Katz v Katz (1972)

s1(2)(b) Behaviour

Answer 11

behaviour is action or conduct by one person which effects the other. must be more than a mere state of affairs or state of mind

Question 12

Livingstone Stallard v Livingstone Stallard (1974)

s1(2)(b) Behaviour

Answer 12

two limb test to determine whether petitioner can reasonably be expected to live with the petitioner:

1. is it reasonable? (objective)
2. is it reasonable for a couple with their character and personalities (subjective)

Question 13

Buffery v Buffery (1988)

Answer 13

satisfied marriage irretriebly broken down (s1(1) MCA 1973). Reason for petitioning was that couple had grown apart. insufficient to satisfy one of the five facts under s1(2) MCA 1973 so unable to get divorce