Chapter 3 Self-test questions

. Which of the following statements regardinga mensa et thoro is correct?

. Before 1857 women could initiate a Parliamentary divorce on the grounds of the husband's adultery or cruelty. True or false?

. Which Matrimonial Causes Act abolished the differences between the grounds on which men and women could petition for a divorce?

. Which radical change to divorce law was introduced by The Divorce Reform Act 1969?

. There is only one ground for divorce. True or false?

. Which of the following statements in relation to adultery is correct?

. Which of the following statements in relation to a behaviour petition is correct?

. A desertion petition will not succeed if the desertion is justified. True or false?

. In a two-year separation petition, what criteria must be satisfied? Choose all that apply.

. Dissolving a civil partnership is very similar to getting a divorce. Apart from the fact that adultery is not available as a fact, the main difference is in the terminology used. True or false?

. What does a judicial separation mean?

. The special procedure for divorce means parties should not have to attend court unless there is a problem or the divorce is defended. True or false?

. What are some of the reasons why divorces are rarely defended? Choose all that apply.

. Why have the Law Commission described the current law as confusing and misleading?

. What did Amato and Keith find in their metastudy of research into children's experiences?

. No-fault divorce is possible in all of the following countries: Sweden, Australia, the USA and Denmark. True or false?

. Research has shown that:

. The Family Law Act 1996 introduced a step at the start of the process called an information meeting. What was the unintended consequence of these meetings?

. The Divorce, Dissolution and Separation Act 2020 introduces which of the following changes to the Matrimonial Causes Act 1973 and Civil Partnership Act 2004?

. The Divorce, Dissolution and Separation Act 2020 will abolish judicial separation. True or false?

. When the Divorce, Dissolution and Separation Act 2020 comes into force, how long will normally it take to get a divorce?

. In which of the following situations does the court in England and Wales have jurisdiction to grant a divorce? Choose all that apply.

. Why is London sometimes referred to as the divorce capital of the world?

. Recognition of a divorce started overseas depends on a number of factors set out in the Family Law Act 1986. If a divorce is obtained abroad, which of the following statements is correct?

. Luka and Ruby are married. Ruby has mental health problems which have affected the marriage for the past six years. They have two children, aged eight and ten years old. Luka works full time on flexible hours so that he can be at home when the children get in from school and he does all of the housework. Ruby has not worked for the past eight years. She has been admitted to a psychiatric hospital on three occasions, suffering from psychosis and delusions. When this has happened, she has been quite violent: smashing objects in the house and threatening Luka's life. She has currently been in hospital for the past four months and is due to be released shortly. Luka does not think that he can continue with the marriage and would like to issue divorce proceedings. Ruby does not accept that the marriage is over and has said she will not admit that her behaviour is unreasonable because it was not her fault. She will not agree to a divorce. Advice Luka as to whether he has grounds for divorce.

. Finley and Hailey are married. They decided to separate two years ago but could not afford to move into separate properties. They have continued to live in the same flat which is rented in joint names. They sleep in separate bedrooms and have separate bank accounts. They find it more affordable to buy and cook food together so have a joint budget for the weekly shop. They eat together most evenings. They split most of the household chores, but tend to do their washing together as this is also more economical. Hailey has now met someone else and would like to issue divorce proceedings, which Finley is happy to agree to. Advise Hailey whether she can issue a divorce.

. Lena and Andrezj are married but have been separated for over 10 years. Lena is a strict Roman Catholic and does not want to get divorced for religious reasons. Andrezj has always accepted this. They informally agreed on financial arrangements when they separated. Lena has a well-paid job and has remained in the family home with their two children. As the house is owned in their joint names, she has always understood that the house would be sold and the proceeds divided 50:50 between them when the youngest child (now 16 years old) left university. Andrezj has now met someone else and she is pregnant. He wants to issue divorce proceedings so that he can marry his new partner. Lena is absolutely opposed to a divorce and wants a court order allowing her to remain in the house for the next six years. Advise Lena on the options available to her.

. Isla and Jack have been married for ten years. They met when Jack was 30 years old and Isla was only 16, and married shortly after her eighteenth birthday. The marriage has been characterised by Jack's controlling behaviour towards Isla. She has never worked and does not have a bank account. Jack gives her an allowance. He does not allow her to see her family and expects her to do all of the housework. Isla has now left Jack and is staying with her sister. She has issued a divorce petition based on his unreasonable behaviour and he has emailed her to say that he is going to defend the petition as she has no evidence that he has been unreasonable. He was, and still is, a loving husband who only wanted the best for his wife and does not believe a court would accept that his behaviour was unreasonable or that the marriage has broken down. What advice would you give to Isla in these circumstances?

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