unit 23 divorce. judicial divorce under english law marriage dissolution / termination breakdown of...

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Unit 23 DIVORCE

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Page 1: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Unit 23

DIVORCE

Page 2: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Judicial Divorce under English LawMARRIAGE

DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE

The rules governing marriage(eg. What is to amount to a breach of the contract;

What compensation shall be paid for any such breach;

How the contract may be brought to an end etc.)

Determined by the law of the land

Page 3: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Divorce Law in England before 1969

THE DOCTRINE OF MATRIMONIAL OFFENCE- Divorce granted only to the “innocent” party to a marriage

who could prove that the other party had been guilty of some wrongful conduct such as

Page 4: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Change of Attitude to Divorce

- a growing fashion for divorce – an increase in the popularity of marriage

- MARRIAGE – no longer necessary permanent (people marry younger with less preparation)

MARRIAGE NOWADAYS

an attempt at finding a life-partner

Page 5: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Divorce procedurefiling

a DIVORCE PETITION

PETITIONER RESPONDENT

granting a DIVORCE DECREE

Page 6: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

The Grounds for Divorce under English law

divorce in England & Wales

"irretrievable breakdown" of the marriage - must be proved by evidence of one of five "facts"

Adultery Unreasonable behaviour (e.g. habitual drunkenness; violence …) (the most frequent ground – an “instant divorce”) Desertion Two years' separation with consent Five years' separation without consent

Page 7: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

How to obtain divorce under English divorce law?

"irreconcilable differences“ (unhappy marriage which couples want to

bring to an end) –the most common reason why people file for divorce - not possible to obtain divorce based on it

To obtain a divorce on this ground English law insists that

that one of the

the marriage has broken down

irretrievably

that one of the parties to the marriage has behaved in such an

unreasonable manner that the other finds it intolerable to live with him or

her

Page 8: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Essential expressions- dissolution /termination/annulment / breakdown of marriage- to avoid/terminate/annul/vary marriage- to obtain divorce- grounds for divorce- to file a divorce petition- to grant a divorce decree- irretrievable breakdown- irreconcilable differences- a petitioner / a respondent- adultery, cruelty, desertion- fault / no-fault divorce

Page 9: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Complete the following sentences.

1.The rules governing marriage are determined by ….2.Until 1969 the grounds for a divorce were ….3.Where there are children the violent deed of the final

rupture called divorce can be tragic because the children suffer either from ….. or …..

4.In the last decades most people …… divorce.5.A consequence of the growing fashion for divorce has been

….. and …6.There has been a complete change of attitude to ….. and in

…..

Page 10: Unit 23 DIVORCE. Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is

Find English equivalents for the following legal terms and expressions.

1.poništiti, promijeniti ili prekinuti ugovor2.biti propisan zakonom3.kršenje/povreda ugovora4.štetan/protuzakonit postupak poput preljuba, okrutnosti i

napuštanja5.osnova/temelj za razvod6.neuspjeh braka7.raskid bračnih veza8.čin nasilja9.Imati doživotnu kaznu za nužnu posljedicu