CILEx L3 Family Law 1 — Questions and Answers
Question 1: Under the Matrimonial Causes Act 1973, what is the sole ground for divorce?
- Adultery
- Unreasonable behaviour
- Irretrievable breakdown of marriage (Correct answer)
- Desertion for two years
Correct answer: Irretrievable breakdown of marriage
The Matrimonial Causes Act 1973 provides that irretrievable breakdown of the marriage is the single ground for divorce.
Question 2: Which Act introduced 'no-fault' divorce in England and Wales?
- Family Law Act 1996
- Divorce, Dissolution and Separation Act 2020 (Correct answer)
- Matrimonial Causes Act 1973
- Civil Partnership Act 2004
Correct answer: Divorce, Dissolution and Separation Act 2020
The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce, removing the requirement to prove conduct or separation periods.
Question 3: What minimum period of separation (with respondent's consent) could support irretrievable breakdown under the MCA 1973 before the 2020 reforms?
- One year
- Two years (Correct answer)
- Three years
- Five years
Correct answer: Two years
Two years' separation with the respondent's consent was one of the five facts capable of proving irretrievable breakdown under the MCA 1973.
Question 4: Which court has jurisdiction to hear divorce proceedings in England and Wales?
- Crown Court
- Family Court (Correct answer)
- County Court
- High Court only
Correct answer: Family Court
The Family Court, established by the Crime and Courts Act 2013, has jurisdiction to hear divorce proceedings in England and Wales.
Question 5: Under the Civil Partnership Act 2004, what is the equivalent of divorce for civil partners?
- Annulment
- Judicial separation
- Dissolution (Correct answer)
- Nullity
Correct answer: Dissolution
Civil partnerships are ended by dissolution, the legal equivalent of divorce, under the Civil Partnership Act 2004.
Question 6: What does a 'conditional order' (formerly decree nisi) signify in divorce proceedings?
- The marriage is finally ended
- The court is satisfied the applicant is entitled to divorce but it is not yet finalised (Correct answer)
- All financial matters have been resolved
- The parties have agreed to reconcile
Correct answer: The court is satisfied the applicant is entitled to divorce but it is not yet finalised
A conditional order means the court is satisfied that grounds for divorce exist but the marriage is not yet dissolved; a final order is still required.
Question 7: Which of the following is NOT a ground for nullity of marriage under the Matrimonial Causes Act 1973?
- The marriage was not consummated due to incapacity
- Either party was under 16 at the time of marriage
- The parties have been separated for five years (Correct answer)
- The parties are within the prohibited degrees of relationship
Correct answer: The parties have been separated for five years
Five years' separation is a fact supporting irretrievable breakdown for divorce, not a ground for nullity of the marriage.
CILEx L3 Family Law 1
Under the Matrimonial Causes Act 1973, what is the sole ground for divorce?