Divorce is the process by which an opposite-sex or a same-sex marriage may be terminated. The divorce process is in two stages. The decree nisi is the first stage: the marriage will be terminated in due course unless (nisi) in the meantime the parties become reconciled. It is the decree absolute...
Divorce (Part 2)
5 years’ separation: Section (2)(e) MCA 973
Section 1(2)((e( CA 1973: ...that the partee tt the marriage have lived apart for a
continuous period of a least fve years immediately preceding the preeentattn tf
the petttn.
Nt ctneent requirement.
Seen ae a unilateral divorce – Reeptndent in a much weaker pteittn.
‘Caeantva’e Charter’.
The defnittn tf eeparattn / Santos v Santos etc. appliee tt 5 yeare’ eeparattn ae
well.
Section 2 MCA 973: Ateepted reconci벉iation
The tbject tf Section 2) ie tt give the partee a chance of reconciliation withtut it
prejudicing any eubeequent divtrce prtceedinge ehtuld that rectnciliattn fail.
Section 2)(1( and 2)(2)( relatee tt adultery.
Section 2)(3( relatee tt unreaetnable behavitur.
Section 2)(4)( relatee tt deeerttn.
Section 2)(5)( relatee tt deeerttnn 2 and 5 yeare’ eeparattn.
Section 2)(6)( relatee tt 2 and 5 yeare’ eeparattn and the defnittn tf eeparattn
which we lttked at earlier.
Section 2)(7( relatee tt 2 yeare’ eeparattn and ctneent. Requiree the cturt tt eneure
that the Reeptndent ie prtvided with inftrmattn abtut the ctneequencee tf
ctneentng tt the decree being granted beftre he tr ehe makee that decieitn
Section 2( ) MCA 973: adu벉tery
One party tt the marriage shall not be enttled tt rely ftr the purpteee tf
Section1(2)((a( abtve tn adultery ctmmited by the tther ifn after it becaee knnonn
to hien that the tther had ctmmited the adulteryn the parties have lived nith each
other for a period exceedingn tr periods together exceeding, six eonths.
‘Shall ntt’. Thie ie a statutory bar.
Time etarte tt run frtm the date the adultery became kntwn tt the Petttner NOT
frtm the date when the adultery tccurred.
Can cohabit for up to 6) eonths afer the date tn which ytu became aware tf the
adultery withtut it afectng ytur ability tt ieeue a petttn at a later date relying tn
that admited adultery.
Cthabitattn ftr eore than 6) eonths will not bar you froe issuing a petition
relying on adultery where ytu bectme awaren during that peritd tf cthabitattnn tf
a further incident tf adultery. Ytu can rely tn that later adultery.
Section 2)(2)(: the peritd tf cthabitattn up tt 6 mtnthe will be disregarded in
determining whether the petttner fnds it intolerable to live nith the respondent.
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