Part 2 Self-test questions

. Anya marries Harold. They are both devout Christians and do not believe in sex before marriage. During the honeymoon, Harold tells Anya that he had been seeing a prostitute and that he has contacted Gonorrhoea. He refuses to have sex with Anya until he is cured.

The marriage is void as there has been no consummation.

The marriage is void as he has a venereal disease.

The marriage is voidable as there has been no consummation.

The marriage is voidable as he has a venereal disease.

. Alice marries Max. Max is incurably impotent and so the pair do not have sex following the marriage. Six months after the marriage, Max discovers that Alice is six months pregnant. Which is incorrect?

Max may petition for nullity as Alice was pregnant at the time of their marriage by another man.

Alice may petition for nullity on the basis of non-consummation of the marriage.

Max can petition for judicial separation on the basis of Alice's adultery.

The marriage will be void on the basis of non-consummation.

. When advising a client petitioning for divorce, which of the following statements applies to the fact of Desertion but not to the fact of two years separation?

The petitioner and respondent have separated

The separation has been for a continuous period of two years prior to the presentation of the petition.

The petitioner has not consented to the separation.

The petition has been presented to the county court.

. Which of the following is correct?

The marriage has broken down due to one of the facts under s1(2) MCA 1973.

The marriage has irretrievably broken down under s 1(1) MCA 1973

The marriage has irretrievably broken down due to one of the facts under s1(2) MCA 1973.

The marriage has ended due to one of the facts under s1(2) MCA 1973.

. Julia seeks a divorce from Harry based on five years' separation. The couple are Jewish. Harry wishes to put pressure on Julia to accept a lower settlement in financial proceedings and refuses to grant Julia a 'get'. Both parties are anxious to marry their new partners.
Which of the following are correct?

Julia can use s10A Matrimonial Causes Act 1973 to delay the grant of decree absolute and put pressure on Harry to agree to a 'get'.

Julia will have to agree to Harry's settlement if she wishes to persuade him to consent to a 'get'.

Julia can use s5 Matrimonial Causes Act 1973 to put pressure on Harry in order to help her to obtain her 'get'.

Julia can use s10(2) Matrimonial Causes Act 1973 put pressure on Harry in order to help her to obtain her 'get'.

. Which of the following is incorrect?

Parties may issue their petition where is best for their case.

Parties may issue their petition where the parties are domiciled.

Parties may issue their petition where they are habitually resident.

Parties may issue their petition according to where they live.

. Maria was born in Mexico but moved with her parents to England when she was three years old and lived there with them until she was 18 years old. Her parents remained in England but at 18, Maria attended university in Paris for five years and has worked in Paris ever since then. Maria wishes to stay in Paris indefinitely as she recently became engaged to a French citizen.
Which of the following best describes Maria's domicile?

Maria's domicile of origin is Mexico, her domicile of dependence is England and her domicile of choice is England

Maria's domicile of origin is Mexico, her domicile of dependence is France and her domicile of choice is France.

Maria's domicile of origin is Mexico, her domicile of dependence is Mexico and her domicile of choice is France.

Maria's domicile of origin is Mexico, her domicile of dependence is England and her domicile of choice is France.

. You act for Annie who has instructed you in relation to divorce proceedings. Annie's husband, Martin, has admitted to committing adultery and, following an attempt at reconciliation, they have agreed that the marriage has broken down irretrievably. Martin has agreed to admit the fact of Adultery as long as the co-respondent is not named on the Divorce Petition. Annie is not eligible for LSC funding and she and Martin have two children, George and Charlotte aged 12 and 6 respectively.
Which of the following is correct?

In order to commence divorce proceedings Julie will have to file three copies of the Petition, the Court Fee, and a Certificate with Regard to Reconciliation.

In order to commence divorce proceedings Julie will have to file two copies of the Petition, the Court Fee, and a Certificate with Regard to Reconciliation.

In order to commence divorce proceedings Julie will have to file two copies of the Petition, the marriage certificate, the Court Fee, and a Certificate with Regard to Reconciliation.

In order to commence divorce proceedings Julie will have to file three copies of the Petition, the marriage certificate, the Court Fee, and a Certificate with Regard to Reconciliation.

. Dave and Bill enter a civil partnership in November 2017. Initially they are very happy but over the following Christmas and New Year the pair start to argue over money. Bill attends his work Christmas party and has sex with Adam on the 23 December 2017. Dave finds out about this from one of Bill's colleagues on New Year's Day and leaves the home. Dave seeks advice on whether he can terminate the civil partnership.
Which is the following is correct?

Dave can immediately dissolve the civil partnership based on Bill's unreasonable behavior.

Bill can dissolve the civil partnership based on the fact of his own adultery.

Dave will have to wait until he has been in the civil partnership for one year before he can terminate the civil partnership.

Dave can terminate the civil partnership based on the fact of adultery.

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