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11 Cards in this Set
- Front
- Back
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Which case states that although the parties had separate bedrooms, the fact that they shared meals/ domestic chores did not constitute a clear separation?
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Mouncer v Mouncer
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Which case stated that where the parties had always lived apart, the court could take a holistic approach focusing on the mind of the petitioner as to whether they regarded the marriage as subsisting. CONTROVERSIAL as they is no reference to mental element in the statute
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Santos v Santos
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Which case states that under the fifth ground, if a respondent opposes the decree of the basis of 'grave financial hardship' it must be shown that the hardship would arise from the divorce, rather than the breakdown of the marriage?
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Le Marchant v Le Marchant
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Which case states that the court can refuse to grant a decree if no declaration was given by the parties that in the eyes of their faith, the marriage had been dissolved?
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O v O
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Which case states that the objectives of the special procedure are 'simplicity, speed and economy.' An undefended petition suggests the allegations are true so there is no need to investigate?
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R v Nottingham County Court ex p Byers
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Which case states that divorce is a due process and sets out the 3 procedural requirements? What are they?
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Butterworth v Butterworth
1) the respondent is entitled to defend the petition 2) the respondent is entitled to know the allegations made 3) the petitioner must satisfy the truth of the allegations on the balance of probabilities. |
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Which case states that a divorce will not be allowed if false or fraudulent grounds are used?
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Bhaji v Chauhan
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What is the ground for divorce and where is it found?
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section 1(1) MCA 1973- 'the marriage has irretrievably broken down'
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What section sets out the factors which can be relied upon to establish irretrievable breakdown?
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section 1(2) MCA 1973
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What are the 4 requirements of the special procedure?
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1) the petition specifies the grounds used;
2) a statement outlining provision for children is attached 3)a statement of truth is attached 4) the petition is undefended (silence is taken as consent) |
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Which section sets out that the provisions are the same for civil partners as for couples?
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section 44 civil partnership act 2004
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