100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LPC - Family Law & Practice - Extensive Personal Revision Notes for Exam - 2017 $7.34   Add to cart

Class notes

LPC - Family Law & Practice - Extensive Personal Revision Notes for Exam - 2017

 153 views  5 purchases
  • Course
  • Institution

Personally written notes for Legal Practice Course (LPC) Family Law & Practice exam. If you require more detailed notes, any tutoring or further assistance or documentation, please contact me at and I will respond within 24 hours.

Preview 1 out of 27  pages

  • November 4, 2019
  • 27
  • 2016/2017
  • Class notes
  • Unknown
  • All classes
avatar-seller
Family Law Revision Notes

WS1: Divorce

1. Advise a client as to whether he can obtain a divorce and the
appropriate fact to use.

- Cannot present petition for divorce until one year from date of marriage (MCA,
s 3).
- Only one ground to petition = marriage broken down irretrievably (s 1(1)). To
meet, must satisfy court of one or more (usually just one) of five facts in s 1(2). If
satisfy, must grant decree nisi unless satisfied marriage not broken down (s
1(4)), e.g. back living together.
- Equivalent process to end civil partnership = dissolution, in CPA 2004, mirror
MCA 1973.
- Fact A: adultery and intolerability. Need to prove omitted adultery, AND
find it intolerable to live with them. Not available for dissolving civil partnerships,
and s 1(6) MCA says only with person of opposite sex = adultery = voluntary
sexual intercourse. Prove/infer adultery from: (a) confession
from Respondent (undefended divorce), on signed separate confession
statement or on Acknowledgment of Service returned to court by them; (b)
birth of child to wife on proof husband not father; (c) circumstantial evidence of
guilty purpose and opportunity to gratify it (e.g. enquiry agent report that
cohabiting); (d) paternity finding against R in CA proceedings;
(e) R convicted of sexual criminal offence (e.g. rape); (f) adultery found ealier
(e.g. judicial separation decree granted to Petitioner).
Also prove intolerability, but rarely a problem. Subjective test, not need to be
related to adultery – court doesn’t ask to state reason why intolerable to live with
R in undefended. Other adulterer can be added as co-respondent, but don’t
need their admission and good practice (and FPR 2010 PD7A, 2.1) not to name to
reduce animosity – only if P believes R likely to object to divorce.
P not entitled to rely on adultery if cohabit for 6 month period after discovering
(s 2(1)) (irrelevant when happened)(can be no of periods), when learn of last
adultery if multiple.
Courts will disregard cohabitation of < 6 months when considering intolerability.
- Fact B: behaviour. “Cannot reasonably be expected to live with R” =
objective test. P word alone not enough, must have regard to history of marriage
and spouse’s personalities. No need to intend to inflict misery, question of fact.
Will look at 3-6 examples of behaviour – “First, worst and last” – violent, verbal
abuse, too much/little sex, no food/money/attention
Fact cohabited for < 6 months total after last incident disregarded = consider
reconciliation. Living for longer than 6 months is not an absolute bar, but court
take into account, longer = less likely will grant unless P can show good reason
why continued.
- Fact C: desertion. “Continuous period of at least two years immediately
preceding presentation of petition.” (a) Must be a separation. P must establish if

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller adilanwar. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $7.34. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

82871 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$7.34  5x  sold
  • (0)
  Add to cart