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Family Law: Breakdown Of Marriage - Case Study Example

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This paper "Family Law: Breakdown Of Marriage" discusses the basic grounds for divorce that are the irretrievable breakdown of a marriage, which is also set out in the Family Act of 1996. Some of the major grounds that permit divorce are (a) adultery (b) unreasonable behavior etc…
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Family Law: Breakdown Of Marriage
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Download file to see previous pages In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during his treatment after the accident. Moreover, the recent circumstances where John leaves the house for extended periods without any explanation, especially when Isabelle is there, would definitely constitute unreasonable behavior. Therefore, it appears likely that the Courts would grant Isabelle’s petition for a divorce on the grounds of unreasonable behavior, irrespective of whether or not John is actually guilty of adultery with Emma.

But irrespective of the grounds for divorce and whoever is held to be the guilty party in this instance, it will not affect the ancillary relief proceedings, since financial allocations will be made based upon the financial capacity and needs of the respective parties, as further set out below:
Section 30 of the Family Law Act of 1996 confers rights to both spouses to occupy the matrimonial home. As a result, both the partners will be protected from a position where they are ousted from the matrimonial home when a breakdown of the marriage occurs, and each partner will be allowed a 50 percent share in the value of the property.2 Both the partners have the right to occupy the matrimonial home. On this basis, therefore, John is protected from being ousted from the matrimonial home after 15 years of marriage. ...Download file to see next pagesRead More
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