This chapter discusses the limited defences that are available in divorce proceedings. It explains that defended divorces or dissolutions of civil partnerships are not very common in practice and that there are limited ‘defences’ available, which may only lead to a delay in proceedings rather that stopping proceedings. It covers petitions after five years’ separation; Section 5 Matrimonial Causes Act 1973; protection in two-year separation cases; Section 10 Matrimonial Causes Act 1973; and section 10A Matrimonial Causes Act 1973, which was passed in the wake of a number of cases of women being refused a religious divorce by their spouse.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on nullity as a way of terminating marriage or civil partnership, first explains the difference between nullity and divorce on one hand, and between a void marriage and a non-marriage on the other. It then considers the grounds on which a marriage may be void and voidable in England and Wales under the Matrimonial Causes Act 1973, as well the grounds on which a civil partnership may be void and voidable under the Civil Partnership Act 2004. The chapter concludes with an assessment of the future of nullity.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in England and Wales are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.
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This chapter discusses whether a client can protect assets in financial order proceedings, the provisions of s37 Matrimonial Causes Act 1973, and the availability of ‘home rights’ under the Family Law Act 1996. Section 37 MCA 1973 assists the parties and the courts in preventing the disposition of any assets by either party to the proceedings. An order can be made preventing a party from making a disposition with the intention of defeating the claim for financial relief or an order reviewing a disposition that has already been made. The procedure for this is discussed, along with the fact that the family home is generally the largest asset in financial proceedings.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on nullity and void, voidable, and non-existent marriages. The first question requires students to analyse the difference between void and voidable marriages, the grounds for which are contained in ss. 11 and 12 of the Matrimonial Causes Act 1973. The second is an essay question that considers the concept of non-marriage or non-existent marriage, which is regulated by case law. The third question is a problem question that examines void and voidable marriages and covers issues such as bigamy, prohibited degrees of relationship, gender reassignment, and lack of consummation. The final question asks candidates whether the concept of voidable marriage should be abolished.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with divorce, dissolution, separation orders, and judicial separation, and contains a mixture of essay and problem questions. The first question is a problem question that considers the ground and facts for divorce contained in the Matrimonial Causes Act 1973 and the equivalent provisions of the Civil Partnership Act 2004. The second is a problem question that also requires students to apply the law of divorce, but further necessitates consideration of judicial separation. The third and fourth questions are essay questions that focus on reform of divorce law and the use of mediation in divorce proceedings.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on nullity and void, voidable, and non-marriages. The first question requires students to analyse the difference between void and voidable marriages, the grounds for which are contained in ss 11 and 12 of the Matrimonial Causes Act 1973. The second is an essay question that considers the concept of non-marriage or non-existent marriage, which is regulated by case law. The third question is a problem question that examines void and voidable marriages and covers issues such as bigamy, prohibited degrees of relationship, gender recognition, and lack of consummation. The final question asks candidates whether the concept of voidable marriage should be abolished.
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This chapter discusses the factors that a court will take into account when deciding on the division of money and property following a divorce or dissolution of a civil partnership. It introduces the main concepts in proceedings for financial orders under the Matrimonial Causes Act 1973, which includes all of the circumstances of the case, children, and the factors for orders involving children. It examines the factors considered by the court when deciding on financial orders and these are explained in detail. It looks at the clean break principle, pensions, and the principal case-law arising from proceedings for financial orders.
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This chapter discusses the principal forms of financial orders under the Matrimonial Causes Act 1973, their scope, and how they are used. It explores the availability of each of the orders, and discusses these in relation to civil partners, spouses, and children. The financial orders discussed, including lump sum orders and property adjustment orders. In relation to property adjustment orders, the transfer of property order, settlement of property, and variation of settlement is outlined. Orders concerning the family home are discussed, such as the sale and division of proceeds, transfer of property, and charges on a property. Periodical payments orders and interim orders are also explained.
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This chapter discusses the grounds for divorce under the Matrimonial Causes Act 1973. These include adultery, unreasonable behaviour, desertion, two years’ separation plus consent, and five years’ separation. It also outlines the first year bar on divorce and the ground for divorce being that the marriage has broken down irretrievably. The chapter explores each of the five possible facts that prove the ground for divorce and explains the relevance of continued cohabitation between the parties in relation to unreasonable behaviour and adultery. It also discusses continuous separation. Some discussion of the proposals for no-fault divorce is also included in this chapter.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts’ attempts to keep the law in step with societal changes through case law. It considers the statutory criteria; the principles developed from case law; the current approach of the courts; private ordering between the parties; and how the orders made by the courts are altered in the light of subsequent events. It concludes by discussing proposals for reform.
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This chapter addresses the termination of adult relationships, in particular divorce, but also the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, criticisms of the current law and recent reform initiatives. It then considers other decrees under MCA 1973, dissolution of a civil partnership, and termination of unmarried relationships.
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It is undeniable that anyone who is legally classified as a parent has an obligation to maintain their child. This chapter considers three areas of financial support for children: child maintenance as a percentage of gross weekly income of the non-resident parent, the financial outcomes of divorce as guided by the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, and Schedule 1 of the Children Act 1989. The chapter starts with a brief history of financial support for children in the UK.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial relief during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with divorce, dissolution, separation orders, and judicial separation, and contains a mixture of essay and problem questions. The first question is an essay question that focuses on the reform of the divorce law. The second question is problem question that requires the application of the law of divorce contained in the Matrimonial Causes Act 1973 (original and amended versions), judicial separation and the equivalent provisions of the Civil Partnership Act 2004. The third question is an essay question that focuses on the use of mediation in divorce proceedings.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial remedies during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.
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This chapter discusses the law governing child support. Child support is regulated by one or more of several statutes depending on the circumstances: the Child Support Act 1991 (CSA 1991), as amended; Schedule 1 to the Children Act 1989; the Matrimonial Causes Act 1973; and the Civil Partnership Act 2004. The applicability of the CSA 1991 in a particular case can limit to some extent the use of the other statutes mentioned.
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This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage and the extension of civil partnership to opposite-sex couples; and the legal consequences of marriage.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter first provides an overview of the historical development of the divorce law in England and Wales and an outline of the law as it was before the new reforms contained within the Divorce, Dissolution and Separation Act 2020 came into effect. It then discusses the path to reform, before ending the chapter with a consideration of the new divorce law and dissolution of civil partnership and judicial separation.
