Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
One in four family lawyers contemplates leaving the profession, Resolution reveals
A quarter of family justice professionals are on the verge of quitting the profession as the toll of lockdown on their mental health becomes clear, the family law group Resolution revealed today,...
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
Misogyny as a hate crime – what it means and why it’s needed
In recent weeks, the government announced that it will instruct all police forces across the UK to start recording crimes motivated by sex or gender on an experimental basis- effectively making...
View all articles
Authors

The Role of Conduct in Divorce Suits and Claims for Ancillary Relief

Sep 29, 2018, 17:06 PM
Slug : the-role-of-conduct-in-divorce-suits-and-claims-for-ancillary-relief
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 6, 2009, 10:48 AM
Article ID : 85837

Henry Hood, Partner, Hunters Solicitors

Until 1969 divorce was not, in principle anyway, possible in the absence of bad (usually adulterous) behaviour and it was only the arrival of the concept of marital breakdown which made it necessary to consider conduct as a discrete factor affecting financial claims rather than the sine qua non of the whole divorce process. Following the Divorce Reform Act 1969, it became possible for the first time to be divorced having done no wrong. No longer did it follow that where a divorce took place a marital offence had necessarily occurred from which financial compensation could flow as a matter of right at common law. The spectre of thousands of destitute and abandoned wives led to the Lord Chancellor undertaking not to bring the Divorce Reform Act into force until the Matrimonial Proceedings and Property Act 1970 was in place, as it was this later Act which dealt with financial aspects of this brave new world of divorce on demand. The Divorce Reform Act 1969 and the Matrimonial Proceedings and Property Act 1970, taken together, created an entirely new regime for divorce and ancillary financial provision.

To read the rest of this article, see October [2009] Family Law journal.

To log on to Family Law Online or to request a free trial click here.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from