Lecture notes

Divorce - Part 1

0 purchase

Module
Family Law

Institution
Northumbria University (UNN)

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...

[Show more]

Preview 1 out of 3 pages

View example

Uploaded on April 16, 2018
Number of pages 3
Written in 2017/2018
Type Lecture notes
Professor(s) Unknown
Contains All classes

family law divorce

£3.99

Also available in package deal from £7.49

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Also available in package deal (1)

Family Law: Divorce

£ 11.97 £ 7.49

1x sold

3 items

1. Lecture notes - Divorce - part 3
2. Lecture notes - Divorce - part 2
3. Lecture notes - Divorce - part 1
Show more

Divorce (Part 1)
Introducton:
 In 2016 – 106,959 divorces granted. (Ofce of Natonaa tatstcsc.
 Decree absoaute is the most common decree granted under the MCA 1973. (The
other two being a Decree of Nullity and a Decree of Judicial Separatooc.
 This area of aaw in need of reform.

The Divorce process
 Divorce proceedings are issued in the Family Court.
 No requirement to atend court unaess defended. Very rare.
 Paper process by faing form D8
htp://formfnder.hmctsformfnder.juustce.gov.u//d8-eng.pdf
 Divorce/dissoauton of a Civia partnership/ Judiciaa separaton Petton and the
marriage certfcate.
 No scrutny of chiad arrangements since aboaiton of Sectoo 41 MCA 1973.
 2 stage process- Decree Nisi-Decree Absoaute.

Decree Nisi
 This decree does oot eod the marriage.
 If either party remarry on the decree nisi being pronounced, the marriage is void.
[Maochaoda v Maochaoda [1995] 2 FLR 590].
 Waitng period of 6 weeks before the decree absoaute can be appaied for- to give
the partes tme to refect.
 Either party may appay to have the decree nisi rescinded. E.g. S v S (Rescissioo of
Decree Nisi: Peosioo shariog provisioo) [2002] 1FLR 457.

Decree Absolute.
 Pettoner can appay for the decree absoaute afer the expiry of 6 wee/s. Sectoo 1(5)
MCA 1973.
 If the Pettoner faias to do so the Respondent can appay 3 months afer the earaiest
date on which the Pettoner couad appay – Sectoo 9(2) MCA 1973.
 The marriage ceases as soon as the decree absoaute is granted.

The substantve law – One-year tie bar.
 Sectoo 3(1): No pettoo for divorce shaaa be presented to the court before the
expiraton of the period of one year from the date of the marriage.
 Ratonaae: to encourage the partes to sort maters out/ not give up too easiay.
 Compare with the 3-year statutory bar under Sectoo 13(2).
 Can appay for a decree of oullity the day afer the marriage.
 Sectoo 3(2): Can present a petton based on maters which occurred during the
first year of marriage.

The benefits of buying summaries with Stuvia:

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

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

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 zhixinteo. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £3.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67479 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling