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Divorce Archive - September 2017

Found 7 matches. Showing page 1 of 1.

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

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 different... Read More

Questioning jurisdiction and property in Birch v Birch

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’

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

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?

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

UK study finds link between divorce and cardiovascular health problems

A 13-year study has found that divorce can not only break one’s heart, but could also increase the risk of dying from a heart attack. Researchers at Aston Medical School in Birmingham studied almost 1 million patients and found that divorced patients who suffered a cardiac arrest were 16% less likely to survive than their married counterparts.... Read More

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

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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