Divorce in UK Law
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Travers v Holley
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It must suroly be that what entitles an English Court to assume jurisdiction must be equally effective in the case of a foreign Court.
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Fribance v Fribance (No. 2)
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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.
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Cunliffe v Fielden and Others
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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.
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Edgar v Edgar
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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.
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Barder v Caluori
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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.
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Hyman v Hyman
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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.
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MacLeod v MacLeod
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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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In the Throes of Divorce
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...
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DIVORCE LAW REFORM?
“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
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The Division of Marital Assets Following Divorce
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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Divorce, Dissolution and Separation Bill
The House of Lords discussed the Divorce, Dissolution and Separation Bill on 5 February in what has been described by the Ministry of Justice as the “biggest shake-up of divorce laws in half a cent...
- DIY Divorce
- Divorce Planning
- Divorce Mediation
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Statement in support of divorce / dissolution / (judicial) separation - desertion
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
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Statement in support of an application for divorce, dissolution or (judicial) separation on the ground of unreasonable behaviour
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
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Statement in support of an application for divorce or (judicial) separation on the ground of adultery
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.