Family Law Flashcards

Under the Matrimonial Causes Act 1973, what is the sole ground for divorce?

Answer: Irretrievable breakdown of marriage

The Matrimonial Causes Act 1973 provides that irretrievable breakdown of the marriage is the single ground for divorce.

Which Act introduced 'no-fault' divorce in England and Wales?

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.

What minimum period of separation (with respondent's consent) could support irretrievable breakdown under the MCA 1973 before the 2020 reforms?

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.

Which court has jurisdiction to hear divorce proceedings in England and Wales?

Answer: Family Court

The Family Court, established by the Crime and Courts Act 2013, has jurisdiction to hear divorce proceedings in England and Wales.

Under the Civil Partnership Act 2004, what is the equivalent of divorce for civil partners?

Answer: Dissolution

Civil partnerships are ended by dissolution, the legal equivalent of divorce, under the Civil Partnership Act 2004.

What does a 'conditional order' (formerly decree nisi) signify in divorce proceedings?

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.

Which of the following is NOT a ground for nullity of marriage under the Matrimonial Causes Act 1973?

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.

Under s.1(1) of the Children Act 1989, what is the paramount consideration when a court determines any question regarding a child's upbringing?

Answer: The welfare of the child

Section 1(1) of the Children Act 1989 establishes that the child's welfare is the paramount consideration in proceedings concerning the child's upbringing.

What is a Child Arrangements Order under s.8 of the Children Act 1989?

Answer: An order regulating with whom a child lives, spends time, or has contact

A Child Arrangements Order under s.8 of the Children Act 1989 regulates with whom a child is to live, spend time, or otherwise have contact.

Which principle in s.1(2) of the Children Act 1989 states that delay in resolving proceedings is generally prejudicial to a child's welfare?

Answer: The no-delay principle

Section 1(2) of the Children Act 1989 establishes the no-delay principle, requiring courts to resolve proceedings without delay as delay is presumed harmful to the child.

Who automatically acquires parental responsibility for a child born within a marriage under the Children Act 1989?

Answer: Both the mother and the married father

Under s.2 of the Children Act 1989, both the mother and the married father automatically acquire parental responsibility for their child.

Which order under s.8 of the Children Act 1989 prevents a person from taking a specific step regarding a child without court permission?

Answer: Prohibited Steps Order

A Prohibited Steps Order under s.8 of the Children Act 1989 prevents a named person from taking a specific step in relation to a child without court consent.

Under s.31 of the Children Act 1989, what threshold must be satisfied before a court can make a care or supervision order?

Answer: The child is suffering or likely to suffer significant harm attributable to the care given by the parents

The s.31 threshold criteria require proof that the child is suffering, or is likely to suffer, significant harm attributable to the care given by the parents or their being beyond parental control.

Under the Children Act 1989, which concept replaced the outdated terms 'custody' and 'access'?

Answer: Parental responsibility and child arrangements

The Children Act 1989 replaced custody and access with the modern concepts of parental responsibility and child arrangements orders.

Which Act governs the court's wide discretionary powers to make financial orders on divorce in England and Wales?

Answer: Matrimonial Causes Act 1973

Part II of the Matrimonial Causes Act 1973 gives the court its broad discretionary powers to make financial orders on divorce.

In White v White [2000], the House of Lords introduced which concept as a check against discrimination in ancillary relief?

Answer: The yardstick of equality

In White v White [2000], the House of Lords introduced the 'yardstick of equality' to ensure neither party received less than an equal share without good reason.

What does the 'clean break' principle under s.25A of the Matrimonial Causes Act 1973 seek to achieve?

Answer: Ending financial ties between former spouses as soon as practicable

The clean break principle, reflected in s.25A MCA 1973, aims to terminate ongoing financial obligations between parties as soon as it is just and reasonable to do so.

Which piece of legislation provides civil remedies for victims of domestic abuse, including non-molestation orders and occupation orders?

Answer: Family Law Act 1996

Part IV of the Family Law Act 1996 provides for non-molestation orders and occupation orders as civil remedies for victims of domestic abuse.

What is an occupation order under Part IV of the Family Law Act 1996?

Answer: An order regulating who may occupy the family home, including excluding a party

An occupation order under the Family Law Act 1996 regulates rights to occupy the family home, and can require a party to leave or exclude them from returning.

The Domestic Abuse Act 2021 introduced which new protective measures specifically named for domestic abuse victims?

Answer: Domestic Abuse Protection Notices and Orders (DAPNs/DAPOs)

The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) as new targeted protective measures.