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
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
