S4 / Divorce
Divorce is more likely to be a problem question.
OBA = one essay, 2 problems (3 to choose from). Problem likely topics 3, 4, and 5.
Essays more theoretical = stuff not on pebblepad.
In a PQ - may have to explain the special procedure depending on the context.
DDSA = moving from hybrid to completely no fault.
May get a two part question involving the current law and then how it would be different under
DDSA.
Make sure to refer to the specific statutes.
Mrs. Worthington consults you about the relationship difficulties of her three daughters (Angela,
Denise and Fenella), her sister (Janice) and her best friend (Nancy). What advice would you
give her?
Angela
She has been married for six months to Brendan. Last weekend she got very drunk at a friend's
wedding and, she is told, committed adultery with Brendan's best mate, Crispin. Brendan is fed
up with her. He can forgive her adultery but not her obsession with Elvis Presley. He wants a
divorce and has locked her out of the house, which he owns.
● It is not possible for Brendan to petition for divorce until he and Angela have been
married for one year (s.3 MCA 1973). He would have to wait 6 months.
● If she can’t remember being drunk and denies that it happens, he could assume it
happened on the balance of probabilities - if he saw her coming out of a hotel room with
a man, etc.
● Cleary v Cleary = established that it is not necessary to show the reason why the
petitioner cannot live with the respondent is due to the adultery.
○ Adultery does not have to cause the intolerability. It says that he forgives her.
● He would need to find it intolerable to live with her because of Elvis Presely, but this
might not constitute unreasonable behaviour.
● Best chance would be proving adultery.
● Could divorce her in 6 months unless they start cohabiting again - up to 6 months he
could still rely on adultery.
● DDSA 2020 = the time limit would still be the same.
Denise
Denise married Ewen nine months ago after a whirlwind romance. After just a few weeks she
realised that she had married someone whom she did not really know at all. Ewen is very
violent towards her and has forced her to take part in sexual activities which she finds
abhorrent. Four months after they were married, Ewen was arrested for soliciting prostitutes
Divorce is more likely to be a problem question.
OBA = one essay, 2 problems (3 to choose from). Problem likely topics 3, 4, and 5.
Essays more theoretical = stuff not on pebblepad.
In a PQ - may have to explain the special procedure depending on the context.
DDSA = moving from hybrid to completely no fault.
May get a two part question involving the current law and then how it would be different under
DDSA.
Make sure to refer to the specific statutes.
Mrs. Worthington consults you about the relationship difficulties of her three daughters (Angela,
Denise and Fenella), her sister (Janice) and her best friend (Nancy). What advice would you
give her?
Angela
She has been married for six months to Brendan. Last weekend she got very drunk at a friend's
wedding and, she is told, committed adultery with Brendan's best mate, Crispin. Brendan is fed
up with her. He can forgive her adultery but not her obsession with Elvis Presley. He wants a
divorce and has locked her out of the house, which he owns.
● It is not possible for Brendan to petition for divorce until he and Angela have been
married for one year (s.3 MCA 1973). He would have to wait 6 months.
● If she can’t remember being drunk and denies that it happens, he could assume it
happened on the balance of probabilities - if he saw her coming out of a hotel room with
a man, etc.
● Cleary v Cleary = established that it is not necessary to show the reason why the
petitioner cannot live with the respondent is due to the adultery.
○ Adultery does not have to cause the intolerability. It says that he forgives her.
● He would need to find it intolerable to live with her because of Elvis Presely, but this
might not constitute unreasonable behaviour.
● Best chance would be proving adultery.
● Could divorce her in 6 months unless they start cohabiting again - up to 6 months he
could still rely on adultery.
● DDSA 2020 = the time limit would still be the same.
Denise
Denise married Ewen nine months ago after a whirlwind romance. After just a few weeks she
realised that she had married someone whom she did not really know at all. Ewen is very
violent towards her and has forced her to take part in sexual activities which she finds
abhorrent. Four months after they were married, Ewen was arrested for soliciting prostitutes
