Divorce flowchart PDF

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summarised grounds for divorce flowchart form....

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DIVORC E MARRIED FOR MORE THAN ONE YEAR? NO: Cannot get a divorce. S3 (1) MCA 1973 places a bar on divorce within the first year of marriage. S3 (2) MCA 1973 this bar doesn’t prevent client relying on issues that occurred during first year of marriage when a petition is eventually presented after 1+ year of marriage. Other options within first yr of marriage: - Judicial separation: doesn’t dissolve marriage but allows court to resolve issues of money, property etc. - Nullity: only applies if marriage void/voidable (fault with parties capacity/formalities of marriage) - Child maintenance options for maintenance for their children - Children Act 1989 applied to solve disputes re children: where they live, contact, names, money, property etc. - Domestic Proceedings and Mags Courts Act 1978 for maintenance payments or lump sum payment between spouses/ for benefit of child during marriage. - Family Law Act 996: protection orders for personal protection/occupation of family home re domestic abuse circs. - Mediation, negotiation, ADR.

1.ADULTERY/INTOLERABILITY:  S1(2a) MCA 1973 - R has committed adultery and P finds it intolerable to live with R. Both parts must be proven.  Intolerability does not need to be due to adultery  Can only be committed between man and woman.  6 months contd cohab allowed. Longer = abs bar to petition.

2.UNREASONABLE BAHVIOUR:  S1(2b) MCA 1973 – R has behaved in a way that P cannot reasonably be expected to live with R.  E.g. domestic abuse, improper association  Court consider marriage as a whole; consider circs of case and characteristics of each party – LivingstoneStallard 1974  Is behaviour intentional?  6 months contd cohab allowed from date of final incident.

3.DESERTION 2 YRS:  S1(2c) MCA 1974 – R deserted P for cont period of 2 yrs imm before petition.  6 months contd cohab allowed  Must prove: a) Separation – living separate lives (Mouncer 1972). b) intent to desert – intent to remain perm sep. c) absence of consent – if P consents petition not granted. d) absence of good cause – if justifiable reason for leaving = no desertion.

NO Cannot get a divorce.

YES - Is ground for divorce satisfied? Has the marriage irretrievably broken down? (S1 (1) MCA 1973)

4. 2YRS SEP PLUS CONSENT:  S1(2d) MCA 1973 – lived apart for cont period of 2yrs before petition and R consents to granting.  Sep 2 yrs – period can be interrupted by attempt at reconciliation. 6 months contd cohab allowed.  R must consent. Must be evidenced and can be withdrawn/conditional. DEFENCE: petition can be made for recission if R misled into consent.

YES This must be proved by one of the five facts:

5.5YRS SEPEARTION:  S1(2e) MCA 1973 – lived apart for cont period of 5yrs before petition.  No consent reqd!  6 months contd cohab allowed. Period can be interrupted by attempt at reconciliation. DEFENCE – CPS – court cant grant petition if its unjust. DEFENCE – court cant grant petition if it will result in grave financial hardship / wrong in all circs to dissolve marriage....