Divorce in UK Law

When these are acquired by their joint efforts during the marriage, the parties do not give a thought to future separation. They buy the house and furniture out of their available resources without worrying too much as to whom it belongs. So longas they are living together, it does not matter which of them does the saving and which does the paying, or which of them goes out to work or which looks after the home, so long as the things they buy are used for their joint benefit.

The jurisdiction in divorce involves the status of the parties and the public interest requires that the marriage bond shall not be set aside lightly or without strict enquiry. I do not think it is possible to say, at any rate since the decision of this House in Mordaunt v. Moncreiffe, L.R. 2 Sc. & Div. 374, that the two jurisdictions are other than distinct.

It must suroly be that what entitles an English Court to assume jurisdiction must be equally effective in the case of a foreign Court.

Important too is the general proposition that, formal agreements, properly and fairly arrived at with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement.

In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. If, in their different spheres, each contributed equally to the family, then in principle it matters not which of them earned the money and built up the assets.

The first condition is that new events have occurred since the making of the order which invalidate the basis, or fundamental assumption, upon which the order was made, so that, if leave to appeal out of time were to be given, the appeal would be certain, or very likely, to succeed. The second condition is that the new events should have occurred within a relatively short time of the order having been made.

There are two principles which inform the modern legislation. One is the public interest that spouses, to the extent that their means permit, should provide for themselves and their children. The law now encourages spouses to avoid bitterness after family break-down and to settle their money and property problems. An object of the modern law is to encourage each to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.