Law-Exchange.co.uk Powerpoint

Separation and Divorce

Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com

Separation and DivorceSeparation agreementsCourt ordersJudicial Separation Divorce


SeparationSeparation agreement Matrimonial Court OrdersDomestic Proceedings and Magistrates’

Court Act 1968What are the four grounds for such an

Order?


Judicial SeparationList the groundsWhere do not want a divorce but a formal

separationCourt can make orders re maintenance,

property and childrenCan be rescindedCan subsequently apply for divorce


DivorceLegal end to marriageMatrimonial and Family Proceedings Act

1984One year rulePetition County CourtIf undefended – affidavit“Postal divorce”


Criteria for divorceIrretrievable breakdown of marriageMatrimonial Causes Act 1973Require one of five facts to be established.

List them!Note some detail about what constitutes each

ground


Divorce DecreesDecree NisiDecree Absolute


Financial OrdersMaintenance – one spouse to anotherMaintenance – dependent childLump-sum payment to spouse or childTransfer of property order


Maintenance Payments: SpouseWhat factors will court consider?Matrimonial & Family Proceedings Act 1984

encourages “clean break”“One third” ruleWachtel v Wachtel (1973)A starting point


Maintenance payments: childrenChild Support Agency calculatesA percentage of parent’s income after taxOne child: 15%, max £300pw2 children: 20%, max £400pw3 or more children: 25%, max £500pwReduced if child stay over with absent parent

on a regular basis


Criticisms of the CSADoesn’t consider absent parent’s needs

(unless has other kids living with him/her)Amount other parent earns not consideredCan apply to CSA even where agreement

already reached


Lump sum ordersOne off paymentWhere a spouse has capital assets – shares

etcCan be as well as or instead of maintenance


Property Adjustment OrdersUsually family home sold and proceeds

divided between the partiesWhite v White (2000) – equality is the

yardstick – but judge will look at all facts of the case to achieve fairness

Court can order that child allowed to live in home until becomes 18


Children Children Act 1989 Courts have wide-ranging powers Welfare of child comes first Keep within family where possible. Where dispute, consider: Child’s wishes Child’s physical, emotional and educational needs; Child’s age, sex, background and other relevant

considerations; Any harm which child has suffered or might suffer in future; How able parents are to meet child’s needs; How child might be affected by any change in circumstance


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