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Divorce Archive - Page 10

Found 536 matches. Showing page 10 of 54.

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... 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

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

Divorced couples in Chechnya urged to reunite by authoritarian leader
Ramzan Kadyrov, the leader of the Russian federal republic of Chechnya, is driving ahead with his campaign to reunite divorced couples. This week, the ‘Headquarters for Harmonising Marital and Family relations’ proudly announced that they have ‘reconciled’ nearly a thousand couples in six weeks. Chechnya in the North Caucasus is a... READ MORE

CH v A Metropolitan Council: Husband with Down's Syndrome barred from sex with wife wins £10,000 damages
A 38 year old man with Down's Syndrome has been awarded £10,000 in damages after the Local Authority barred him and his wife from having sex for over a year on the basis that he lacked the capacity to consent. The anonymised judgment was published yesterday following a Court of Protection hearing in front of Sir Mark Hedley on the... READ MORE

Owens v Owens: wife to tell Supreme Court that she should not have to prove 'unreasonable behaviour'
Tini Owens, a wife who hit the headlines after her divorce petition was rejected by the High Court, will argue that she should not have to prove unreasonable behaviour in her continuing fight to secure a divorce. Ms Owens filed for divorce from her husband of 39 years, multimillionaire mushroom farmer Hugh Owens, in May 2015. Judge Robin Tolson QC... READ MORE

Tobias v Tobias: Mostyn J on applications for freezing orders, ex parte orders and the use of an out-of-hours judge
In the case of Tobias v Tobias EWFC 46, Mostyn J took the opportunity to provide some guidance regarding applications for freezing orders, particularly in regards to which court should hear them and when they should not be brought at all. The case The case involved a husband and wife, Mr Anthony Tobias and Mrs Lindsey Tobias. On 31 May 2017, Mr... READ MORE
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