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Principles of Family Law - Assignment Example

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This paper "Principles of Family Law" focuses on the fact that when answering the above it is necessary to look at the recognised ways in which an applicant can apply for divorce procedures. Under the Matrimonial Causes Act 1973, an applicant can apply for a divorce if the marriage has broken down. …
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Download file to see previous pages These include where the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; where the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; where the respondent has deserted the petitioner for a continuous period of at least 2 years preceding the presentation of the petition; where the parties have lived apart for a continuous period of 2 years and the respondent consents to the petition; or the parties have lived apart for a continuous period of 5 years.
The Divorce Reform Act 1969 introduced the notion of irretrievable breakdown of marriage in the same terms as have now been included in the Matrimonial Causes Act 1973. When looking at a petition for a divorce based on an allegation of adultery the court would need to be satisfied1 that not only had the respondent committed adultery but that there was evidence to justify a finding that this was so offensive and deeply wounding that any further married life with the respondent would be intolerable2. The introduction of the requirement to prove that the petitioner must find it intolerable to live with the respondent after they have committed adultery seems to make a mockery of the law’s traditional insistence that adultery was a serious matrimonial offence which required a high standard of proof3. Under the Reform Act, the form asks the respondent whether the adultery was admitted and an affirmative answer will constitute proof4. Under this Act, it is no longer necessary to name the third party involved, even if the petitioner knew his or her identity5.
In this particular instance, Mandy could opt for either trying to prove that Andy has been committing adultery with Cassandra or that Andy’s has behaved in such a way that she cannot be expected to continue to live with him. The difficulty she might face in trying to prove adultery is that although he has been photographed with Cassandra in some rather salacious photographs this might not be sufficient for the court to accept that he has committed adultery. It may well be that Andy would attempt to contest the divorce on the grounds of adultery and then Mandy would be required to prove that he has committed adultery.  ...Download file to see next pagesRead More
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