unit 23 divorce
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Unit 23 DIVORCE. Judicial Divorce under English Law. MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage ( eg . What is to amount to a breach of the contract; What compensation shall be paid for any such breach; - PowerPoint PPT PresentationTRANSCRIPT
Unit 23
DIVORCE
Judicial Divorce under English LawMARRIAGE
DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE
The rules governing marriage(eg. What is to amount to a breach of the contract;
What compensation shall be paid for any such breach;
How the contract may be brought to an end etc.)
Determined by the law of the land
Divorce Law in England before 1969
THE DOCTRINE OF MATRIMONIAL OFFENCE- Divorce granted only to the “innocent” party to a marriage
who could prove that the other party had been guilty of some wrongful conduct such as
Change of Attitude to Divorce
- a growing fashion for divorce – an increase in the popularity of marriage
- MARRIAGE – no longer necessary permanent (people marry younger with less preparation)
MARRIAGE NOWADAYS
an attempt at finding a life-partner
Divorce procedurefiling
a DIVORCE PETITION
PETITIONER RESPONDENT
granting a DIVORCE DECREE
The Grounds for Divorce under English law
divorce in England & Wales
"irretrievable breakdown" of the marriage - must be proved by evidence of one of five "facts"
Adultery Unreasonable behaviour (e.g. habitual drunkenness; violence …) (the most frequent ground – an “instant divorce”) Desertion Two years' separation with consent Five years' separation without consent
How to obtain divorce under English divorce law?
"irreconcilable differences“ (unhappy marriage which couples want to
bring to an end) –the most common reason why people file for divorce - not possible to obtain divorce based on it
To obtain a divorce on this ground English law insists that
that one of the
the marriage has broken down
irretrievably
that one of the parties to the marriage has behaved in such an
unreasonable manner that the other finds it intolerable to live with him or
her
Essential expressions- dissolution /termination/annulment / breakdown of marriage- to avoid/terminate/annul/vary marriage- to obtain divorce- grounds for divorce- to file a divorce petition- to grant a divorce decree- irretrievable breakdown- irreconcilable differences- a petitioner / a respondent- adultery, cruelty, desertion- fault / no-fault divorce
Complete the following sentences.
1.The rules governing marriage are determined by ….2.Until 1969 the grounds for a divorce were ….3.Where there are children the violent deed of the final
rupture called divorce can be tragic because the children suffer either from ….. or …..
4.In the last decades most people …… divorce.5.A consequence of the growing fashion for divorce has been
….. and …6.There has been a complete change of attitude to ….. and in
…..
Find English equivalents for the following legal terms and expressions.
1.poništiti, promijeniti ili prekinuti ugovor2.biti propisan zakonom3.kršenje/povreda ugovora4.štetan/protuzakonit postupak poput preljuba, okrutnosti i
napuštanja5.osnova/temelj za razvod6.neuspjeh braka7.raskid bračnih veza8.čin nasilja9.Imati doživotnu kaznu za nužnu posljedicu