Judicial Separation in UK Law

Leading Cases
  • Hyman v Hyman
    • House of Lords
    • 30 s 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.

    It is, in my opinion, associated with and inseparable from the power to grant this change of status that the Courts have authority to decree maintenance for the wife. And in the exercise of this authority they are in no way bound by the contracts made between the parties though, as pointed out by the Lord Chancellor, the consideration of all contractual rights possessed by the wife must be borne in mind.

  • Director of Public Prosecutions v Mollison (No. 2)
    • Privy Council
    • 22 r 2003

  • Cohen v Cohen
    • House of Lords
    • 15 s 1940

  • Minton v Minton
    • House of Lords
    • 23 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.

  • Belhaj v Straw MP (United Nations Special Rapporteur on Torture)
    • Court of Appeal (Civil Division)
    • 30 n 2014

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Legislation
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1857/01/01
    ...... might now be pronounced the Court may pronounce a Decree. for a Judicial Separation, which shall have the same Force and the same Consequences as a ......
  • Divorce Reform Act 1969
    • UK Non-devolved
    • 1969/01/01
    ...... An Act to amend the grounds for divorce and judicial separation; to facilitate reconciliation in matrimonial causes; and for ......
  • Matrimonial Causes Act 1973
    • UK Non-devolved
    • 1973/01/01
    ......this Act referred to as ‘two years' separation’) and. the respondent consents to a decree being granted;. .   . ( e ... S-4 . Divorce not precluded by previous judicial separation. 4 Divorce not precluded by previous judicial separation. . ......
  • Matrimonial Proceedings and Property Act 1970
    • UK Non-devolved
    • 1970/01/01
    ...... property of a person whose marriage is the subject of a decree of judicial separation dying intestate; to abolish the agency of necessity of a wife; ......
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Books & Journal Articles
  • Judicial Separation: A Research Study
    • Nr. 46-6, November 1983
    • The Modern Law Review
  • Judges and Politics: The Parliamentary Contributions of the Law Lords 1876–2009
    • Nr. 79-5, September 2016
    • The Modern Law Review
    There is a common perception that, prior to the exclusion of serving judges from the House of Lords in 2009, a ‘politics convention’ operated which required judges to avoid party‐political controve...
    ...... esence of the Law Lords in parliament prior to 2009 presented a judicial independence and separation of powers problem in theory only . An ......
  • The Domicile and Matrimonial Proceedings Act 1978
    • Nr. 37-2, March 1974
    • The Modern Law Review
    ...... were living together or even whether an order of judicial separation had been obtained. This rule which was stigmatised ......
  • The Judge as ‘Political Advisor’: Behind the Scenes at the National Industrial Relations Court
    • Nr. 33-2, June 2006
    • Journal of Law and Society
    The recent opening under the 30‐year rule of official papers concerning the Industrial Relations Act 1971 makes it possible to reappraise the conventional view of this short‐lived statute and also ...
    ......They provide empirical evidence of how the judicial and political arms of government dealt with social and industrial s and they prompt reflections on the nature of the separation of powers in the United Kingdom's constitutional arrangements. It is ......
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Law Firm Commentaries
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