Chapter 4 Self-test questions

* not completed

. What is the most common means of reaching financial settlement in the context of divorce?

Mediation correct incorrect

Arbitration correct incorrect

Solicitor negotiation correct incorrect

Litigation correct incorrect

* not completed

. It is only possible to obtain a financial remedy order at the time of the divorce and not subsequently.

True correct incorrect

False correct incorrect

* not completed

. Which of the following can the court provide for in a financial remedy order? Please select all that apply.

Lump sum payment correct incorrect

Periodical payments correct incorrect

That one spouse must seek paid employment correct incorrect

The transfer of property ownership correct incorrect

* not completed

. Which of the following statements best describes an attachment order following divorce?

The trustees of one spouse's pension fund must transfer a fixed share of that fund to the other spouse, which will then exist independently of the previous fund correct incorrect

The trustees of one spouse's pension fund must pay a fixed share of each pension payment to one spouse once the other spouse has started drawing the pension and until they die correct incorrect

Property must be transferred to offset the difference in value between former spouses' pensions correct incorrect

This is a means of locating one spouse's hidden assets correct incorrect

* not completed

. Under which statutory provisions do the courts derive their power to make financial settlement orders in the context of divorces obtained outside England and Wales

Part III of the Matrimonial and Family Proceedings Act 1984 correct incorrect

Part II of the Matrimonial Causes Act 1973 correct incorrect

Part I of the Matrimonial Causes Act 1973 correct incorrect

Marriage Act 1949 correct incorrect

* not completed

. What factors will courts take into account when deciding what type of financial remedy order to make? Please select all that apply.

The needs of the spouses correct incorrect

The welfare of any children correct incorrect

That one party committed adultery correct incorrect

The family's standard of living prior to divorce correct incorrect

* not completed

. Which of the following statements apply to the House of Lords decision in White v White? Please select all that apply.

The courts should prioritise the claim of the spouse who earned the money during the relationship over that of a spouse who looked after the home and children correct incorrect

There needs to be a good reason for departing from an equal distribution of assets correct incorrect

The needs of the parties should not be determinative of the outcome correct incorrect

The size of each spouse's beneficial interest will determine their share in the matrimonial home correct incorrect

* not completed

. Which statement apply to the House of Lords decision in the joined cases of Miller v Miller and MacFarlane v MacFarlane? Please select all that apply

Each party to a marriage is entitled to a fair share of the property when that marriage ends correct incorrect

The sole consideration for the courts is how much of a financial contribution each of the spouses made correct incorrect

In determining what a fair share of the property is it may be necessary to depart from the principle of equal sharing in order to reflect the needs of or to compensate one of the parties correct incorrect

Courts are required to divide the assets equally between the spouses on divorce correct incorrect

* not completed

. Following the Supreme Court decision in Radmacher v Granatino courts must now treat pre-nuptial agreements as legally binding in all cases

True correct incorrect

False correct incorrect