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Ulaw llb lecture 2 on family law

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ULAW lecture 2 of family law surrounding divorce, dissolution and financial consequences of a marriage breakdown

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  • May 15, 2024
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  • 2021/2022
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FAMILY LAW

LARGE GROUP 2
Student Guide


Divorce, Dissolution and the Financial Consequences of Marriage Breakdown

Context

Whilst some relationships last a lifetime, there are very many that do not. Those who
have chosen to formalise their relationship through marriage or civil partnership, and
thereby acquire the favoured legal status that these entail, cannot simply opt out
when the relationship fails. Just as the couple had to meet certain legal requirements
to form their marriage/civil partnership, so they must meet certain legal requirements
to bring it to an end.

Marriage breakdown involves much more than just the legal ending of a relationship.
When a marriage ends, most couples will have to disentangle their finances, and it is
this aspect, rather than the divorce (or nullity) itself, which generates the most
litigation in practice.


Outcomes

By the end of this Large Group you should be able to:

1. Outline the legal requirements for divorce/dissolution.

2. Identify the types of financial order which the court can make on divorce.

3. Outline the statutory guidance that applies when making financial orders.



1. Introduction



Matrimonial Causes Act 1857
Civil divorce court
Judicial court process
Adultery- husband had to prove that wife committed adultery
But wife had to prove adultery but also additional higher aggravated
circumstance eg bigamy or incest


Matrimonial Causes Act 1937
Extends ground to include in addition to adultery- divorce based on cruelty

, Desertion for 3 years
Incurable insanity



Divorce Reform Act 1969
Breakdown proven by:
-ppts lived apart for particular minimum of time
-

2. Divorce Law

Matrimonial Causes Act 1973

-

Civil Partnership Act 2004
Dissolution of civil partnership

s3 Bar on divorce for one year.
 Parties cannot commence a divorce unless they’ve been married for one year
 Absolute bar
 No 1 year for nullity rule


s1(1) ….a petition for divorce may be presented to the court by either party to a
marriage on the ground that the marriage has broken down irretrievably.
 1 sole ground for divorce
 Supported by the 5 facts- showing 1 off 5 facts
 No need for causal link -irretrievable act



s1(2) The five ‘facts’

 Adultery
 2 aspects
 Committed adultery and petitioner find it intolerable to live with them
 Is sex b/w man and woman- s1(6) MCA
 Same sex couples- don’t have fact of adultery to rely on
 No need for causal link b/w adultery and intolerable
 Act in such a way- unable to live with them




 Behaviour

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