Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 Session 6

1. Revision of the last session 2. Divorce 3. Vocabulary exercise 4. Video materials

Marriage

1. How is marriage defined in English law? 2. What are the ramifications of this definition? What does it exclude? 3. What is common-law marriage? 4. Who has capacity to marry? 5. What marriages are void, i.e. voidable? 6. What options are there for same-sex couples?

Unit 23

1. What do you know about the popularity of marriage in Croatia at the moment? What do you think the statistics suggest? 2. What about the divorce rate?

 Why is the divorce rate increasing?  Do you think that it is necessary these days to give grounds for divorce?  Should the law make divorce as easy as possible?

 until 1969, divorce law based on the doctrine of matrimonial offence  the ‘guilty party’ and the ‘innocent party’  the innocent party could ask for a divorce based on the grounds of wrongful conduct of the other party – adultery, cruelty or desertion

Family Law Act 1996 (Section 1) i. The institution of marriage is to be supported; ii. The parties to a marriage which may have broken down are encouraged to take steps to save the marriage; iii. A marriage which has irretrievably broken down should be brought to an end with minimum distress to the parties and any children, in a manner to promote a good continuing relationship and to stop unreasonable costs from the process. Any risk from domestic violence to one of the parties should be removed or diminished.

 Parties to a divorce proceeding: ◦ petitioner (the spouse petitioning for divorce) ◦ respondent (the other spouse)  the court asked to issue a divorce order

 the law encourages reconciliation  the court may instead grant a decree of judicial separation  JUDICIAL SEPARATION – a nine month period before a divorce application may be made  the partners no longer required to live together  purpose: to rethink the idea of divorce and possibly reconcile  sought in the first year of marriage when divorce is impossible

 the petitioner must prove that the marriage has ‘irretrievably broken down’ on the following grounds: 1.adultery 2.unreasonable behaviour 3.desertion (for 2 years) 4.living apart for 2 years (consent of respondent necessary) 5.living apart for 5 years

 a divorce petition cannot be presented within the first year of marriage

UNCONTESTED DIVORCE  a divorce where the parties agree on all terms, including the distribution of property, custody of children, etc.

 File a divorce petition  Must include the spouses’ details and the marriage certificate  Grounds must be stated  Court fees payable in the amount of £410

 Respondent must within 8 days acknowledge the receipt of the petition  Failing to respond treated as agreement  In the response the respondent can: ◦ agree with the divorce, ◦ defend the divorce (initiates court proceedings), or ◦ file his/her own divorce petition (if they can state grounds such as adultery or unreasonable behaviour)

 Petitioner applies for a decree nisi  DECREE NISI – a provisional document stating that the court sees no reason why the divorce should not go through  It does NOT end the marriage  Marks the beginning of the minimum period of six weeks plus one day before the marriage can be dissolved

 a decree nisi must be obtained to initiate the ancillary relief procedure  This concerns the resolving of financial matters between the spouses

 Upon the expiry of the period an application for a decree absolute can be filed  DECREE ABSOLUTE – dissolves the marriage when it has been satisfied that there are no other reasons why it shouldn’t be

divorce petition petitioner respondent dissolution to dissolve to defend/contest a divorce uncontested divorce decree nisi decree absolute ancillary relief divorce proceedings

1. Persons between 16 and 18 need to obtain the from a parent in order to get married. 2. A marriage between close blood relations is for reasons of If neither party the divorce, i.e. disagree about the terms of the divorce, this is referred to as divorce. 4. In order to obtain a divorce order, the must prove that the marriage has broken down irretrievably. 5. In some jurisdictions a marriage can be by mutual consent of the parties, without either party being at fault. 6. Six weeks plus one day have to pass between the decree and the decree

1. Persons between 16 and 18 need to obtain the CONSENT from a parent in order to get married. 2. A marriage between close blood relations is VOID for reasons of CONSANGUINITY. 3. If neither party CONTESTS the divorce, i.e. disagree about the terms of the divorce, this is referred to as UNCONTESTED divorce. 4. In order to obtain a divorce order, the PETITIONER must prove that the marriage has broken down irretrievably. 5. In some jurisdictions a marriage can be DISSOLVED by mutual consent of the parties, without either party being at fault. 6. Six weeks plus one day have to pass between the decree NISI and the decree ABSOLUTE.

Divorce

 Topics discussed ◦ Duration of divorce proceedings  More money quicker divorce? ◦ Adultery is the most common ground for divorce?  What can(not) be considered adultery? ◦ Division of assets in a divorce  Is it part of the divorce proceeding?  Are assets generally equally divided between partners regardless of who brought more money into the marriage?  Are spouses obliged to disclose any hidden assets? ◦ Children in a divorce  What is said about the terms: access, custody, residence and contact?  What are CSA and CMEC?  Does the mother usually get the children?

 Video 2 – Do we have to go to the courts? ◦ What advantages and disadvantages of going to the courts for a divorce are mentioned?  Video 3 – Unmarried couples splitting up  What are the differences between a divorce and a breakup between an unmarried couple in terms of legal issues concerning:  Procedure  Evidence of the irretrievable breakdown of relationship  Division of property  Children  Partner maintenance

Thank you for your attention!