Divorce Archive - September 2017

Found 6 matches. Showing page 1 of 1.

A Pyrrhic victory? Chinese court refuses to grant couple a divorce due to relationship exam success

26th September 2017

A court in south-west China have denied a woman's divorce application after she and her husband scored highly on an examination designed to evaluate marital problems. The written test was introduced at the Sichuan Yibin People's Court as a means of ascertaining whether a marriage is beyond repair by quizzing prospective divorcees on... Read More

Questioning jurisdiction and property in Birch v Birch

18th September 2017

The recent Supreme Court case Birch v Birch UKSC 53 raises questions about when it might be appropriate to release litigants from undertakings where this is tantamount to a property adjustment order. Case Background On separating, the husband and wife reached agreement as to financial remedies on a clean-break basis, formalised by a consent order... Read More

Hart v Hart [2017]: needs and ‘mingled assets’

13th September 2017

In Hart v Hart , the Court of Appeal has again reaffirmed that the parties' needs is the fundamental factor when considering how much each should be awarded in an ancillary relief claim. Responding to the ruling, Vardags’ Senior Director Simon McKirgan told the Law Gazette: “If there are not enough assets to meet the... Read More

Indian Supreme Court decides Hindu couples no longer have to wait 6 months to divorce

13th September 2017

Yesterday, the Supreme Court of India ruled that the six-month ‘cooling-off’ period for Hindu couples seeking a divorce is not mandatory but directory. This will help couples who want to divorce ‘by mutual consent’ to separate sooner and settle into their new lives. The judges were presiding over a case concerning a Hindu couple who had... Read More

How are inherited assets treated in financial remedy proceedings?

11th September 2017

It is becoming increasingly clear that younger generations are finding it difficult to get on the property ladder and acquire significant assets, while their parents, the baby boomers, are sitting on comparatively large assets. As the baby boomers get older and their assets are passed on to their children, inherited assets are likely to gain... Read More

A look at the Indian Supreme Court judgment declaring triple talaq unconstitutional

1st September 2017

The practice of triple talaq was last week declared unconstitutional in a New Delhi Supreme Court judgment. An instant, irrevocable and unilateral form of divorce, triple talaq is the controversial practice whereby a Muslim man instantly dissolves marital ties and responsibilities to his wife by pronouncing 'talaq' three times. The Supreme Court,... Read More

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