Divorce in UK Law

Leading Cases
  • Travers v Holley
    • Court of Appeal
    • 14 July 1953

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

  • Fribance v Fribance (No. 2)
    • Court of Appeal
    • 29 November 1956

    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.

  • Cunliffe v Fielden and Others
    • Court of Appeal (Civil Division)
    • 06 December 2005

    Divorce involves two living former spouses, to each of whom the provisions of section 25(2) of the Matrimonial Causes Act 1973 apply. In cases under the 1975 Act, a deceased spouse who leaves a widow is entitled to bequeath his estate to whomsoever he pleases: his only statutory obligation is to make reasonable financial provision for his widow. In such a case, depending on the value of the estate, the concept of equality may bear little relation to such provision.

  • Edgar v Edgar
    • Court of Appeal (Civil Division)
    • 23 July 1980

    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.

  • Barder v Caluori
    • House of Lords
    • 20 May 1987

    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.

  • Hyman v Hyman
    • House of Lords
    • 30 April 1929

    However this may be, it is sufficient for the decision of the present case to hold, as I do, that the power of the Court to make provision for a wife on the dissolution of her marriage is a necessary incident of the power to decree such a dissolution, conferred not merely in the interests of the wife, but of the public, and that the wife cannot by her own covenant preclude herself from invoking the jurisdiction of the Court or preclude the Court from the exercise of that jurisdiction.

  • MacLeod v MacLeod
    • Privy Council
    • 17 December 2008

    The Board would also agree that the circumstances in which the agreement was made may be relevant in an ancillary relief claim. Family relationships are not like straightforward commercial relationships. We must assume that each party to a properly negotiated agreement is a grown up and able to look after him- or herself. At the same time we must be alive to the risk of unfair exploitation of superior strength.

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Books & Journal Articles
  • In the Throes of Divorce
    • No. 26-3, September 1979
    • Probation Journal
    • 0000
    People who are in the process of separation in Leicestershire are being offered a course run by the divorce court welfare staff. In its narrowest context it is offered as a useful facility for peop...
    • No. 19-6, November 1956
    • The Modern Law Review
    “Every public action which is not customary, either is wrong, or, if it is right, is a dangerous precedent. It follows that nothing should ever be done for the first time.” Cornford, Microcosmograp...
  • The Divorce Experience
    • No. 25-1, March 1978
    • Probation Journal
    • 0000
  • The Division of Marital Assets Following Divorce
    • No. 25-3, September 1998
    • Journal of Law and Society
    In this paper, several possible bases for post‐divorce asset division are examined from an economics‐of‐law perspective, focusing in particular on the incentives for opportunistic behaviour set up ...
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Law Firm Commentaries
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