100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary Divorce in Family Law $3.88
Add to cart
Quickly navigate to
Preview
  2.  
  3. Brunel University London
  4.  
  5. LLB Law
  6.  
  7. Law

Summary

Summary Divorce in Family Law
 0 purchase
  • Course
  • Law
  • Institution
  • Brunel University London
  • Book
  • Family Law

Revision notes on divorce in Family Law. Includes an explanation of the grounds for divorce, key statutes and cases and the bars to divorce. *these notes were written before the introduction of 'no fault divorce', however the notes are still useful for providing an introduction of divorce law and...

[Show more]

Preview 1 out of 3  pages

Document information

  • Unknown
  • June 16, 2020
  • 3
  • 2018/2019
  • Summary

Subjects

  • family law
  • law
  • sociology
  • divorce

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

Written for

  • Brunel University London
  • LLB Law
  • Law
All documents for this subject (9)

Seller

avatar-seller
DanniiW

Reviews received

Content preview

Divorce
Grounds for Divorce
• The only ground for divorce is that the marriage has broken down irretrievably
• Matrimonial Causes Act 1973 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
• MCA s1(3) – On a petition for divorce it shall be the duty of the court to
inquire, so far as it reasonably can, into the facts alleged by the petitioner and
into any facts alleged by the respondent
• MCA s1(4) – unless the court is satisfied on the evidence that the marriage
has not broken down irretrievably, it shall subject to s5, grant a decree of
divorce
The Five Facts
• S1(2) – five facts:
(a) The respondent has committed adulty and the petitioner finds it intolerable
to live with the respondent;
(b) That the respondent has behaved in such a way that the petitioner cannot
reasonably be expected to live with the respondent
(c) That the respondent has disserted the petitioner for a continuous period of
at least 2 years immediately preceding the presentation of the petition;
(d) That the parties to the marriage have lived apart for a continuous period of
at least 2 years preceding the presentation of the petition, and the
respondent consents to the decree being granted
(e) That the parties to the marriage have lived apart for a continuous period of
at least 5 years immediately preceding the presentation of the petition
• Overall, for a divorce to be granted, the marriage must have irretrievably
broken down and one of the five facts must be proved
• Buffery v Buffery [1988] – was found that the marriage had irretrievably
broken down. The couple had nothing in common, never went out and were
unable to communicate with each other, however, none of the 5 facts could be
made out
A divorce could not be granted – even if the marriage had broken down
irretrievably, a divorce could only be granted where one of the five facts was
made out
Fact 1 – Adultery
• Adultery is voluntary sexual intercourse between a man and a woman, one or
both of whom is married. Sexual intimacy short of sexual intercourse or same-
sex intercourse will not amount to adultery
• Must demonstrate the respondent has committed adultery and the petitioner
finds it intolerable to live with the respondent
• Cannot rely on your own adultery to base a divorce petition
• S2(1) – you cannot rely on the adultery ground if after discovering your
spouse’s adultery you have lived together for more than 6 months

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 DanniiW. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $3.88. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

68175 documents were sold in the last 30 days

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

Start selling
$3.88
  • (0)
Add to cart
Added