Divorce in UK Law

Leading Cases
  • Fribance v Fribance (No. 2)
    • Court of Appeal
    • 29 Noviembre 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.

  • Preston-Jones v Preston-Jones
    • House of Lords
    • 14 Diciembre 1950

    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.

  • Travers v Holley
    • Court of Appeal
    • 14 Julio 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.

  • Edgar v Edgar
    • Court of Appeal (Civil Division)
    • 23 Julio 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.

  • White v White
    • House of Lords
    • 26 Octubre 2000

    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.

  • Barder v Caluori
    • House of Lords
    • 20 Mayo 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.

  • Minton v Minton
    • House of Lords
    • 23 Noviembre 1978

    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.

See all results
See all results
Books & Journal Articles
  • In the Throes of Divorce
    • No. 26-3, September 1979
    • Probation Journal
    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
  • 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 ...
See all results
Law Firm Commentaries
See all results
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT