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Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c. 18) is an act of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Parties to Marriage and Children of Family # Protection, Custody, etc., of Children # Miscellaneous and Supplemental Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the Supreme Court of the United Kingdom in ''Owens v Owens ''Owens v Owens'/nowiki> UKSC 41] was a Supreme Court of the United Kingdom case involving the divorce of Mr and Mrs Owens, a couple who had married in 1978. The Supreme Court upheld a decision made at trial, and previously uphe ...
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List Of Acts Of The Parliament Of The United Kingdom From 1973
Public general acts Local acts See also * List of acts of the Parliament of the United Kingdom References Current Law Statutes Annotated 1973
*Halsbury's Statutes of England. Third Edition. Volume 43: Continuation Volume 1973. Butterworths. London. 1974. {{UK legislation Lists of acts of the Parliament of the United Kingdom, 1973 ...
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Divorce (Religious Marriages) Act 2002
The Divorce (Religious Marriages) Act 2002 (c. 27) is an Act of Parliament (UK), act of the Parliament of the United Kingdom. The act amends the Matrimonial Causes Act 1973 to allow one party to petition a court to not declare their divorce decree absolute until they have received a similar document from a religion's authority. The act was brought before Parliament by Andrew Dismore MP as a private members' bill under the Ten Minute Rule. The act applies only to England and Wales. The need for the legislation was demonstrated in the 2000 divorce case of ''O v O''.''O v O (Jurisdiction: Jewish Divorce)'' [2000] 2 FLR 147 Jewish religious law requires the consent of the husband before a wife can receive a religious divorce; without this she cannot remarry under religious law. Some husbands have refused permission for various reasons, including demanding money from the wife, but they have still received a civil divorce and all the advantages this confers, including civil remarriage ...
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Divorce, Dissolution And Separation Act 2020
The Divorce, Dissolution and Separation Act 2020 (c. 11) is an act of the Parliament of the United Kingdom which amends existing laws relating to divorce to allow for no-fault divorce in England and Wales. The government held that the changes were the biggest reform of England and Wales's divorce laws since the Matrimonial Causes Act 1973, and that the laws would reduce the impact that allegations of blame could have on families, as under previous law one spouse was required to make accusations about the other's conduct in order to be granted a divorce. Background In 2018, the Supreme Court of the United Kingdom upheld a denial of a divorce petition in the case of ''Owens v Owens''. The justices in the case were reluctant in coming to their findings and invited Parliament to reconsider the law on divorce. This led to the government announcing an intention to reform the law on divorce to remove the requirement to demonstrate irretrievable breakdown of a marriage with reference ...
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Act Of Parliament (UK)
An act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Palace of Westminster, Westminster, London. An act of Parliament can be enforced in all four of the Countries of the United Kingdom, UK constituent countries (England, Scotland, Wales and Northern Ireland). As a result of Devolution in the United Kingdom, devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to Reserved and excepted matters, constitutional and reserved matters now apply to the whole of the United Kingdom. A draft piece of legislation is called a Bill (law), bill. When this is passed by Parliament and given royal assent, it becomes an act and part of statute law. Contents of a bill or act A bill and an Act of Parliament typically include a short title and a long title, a number of clauses and, in many cases, one or more schedules. The ''Erskine May: Parli ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ...
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Owens V Owens
''Owens v Owens'/nowiki> UKSC 41] was a Supreme Court of the United Kingdom case involving the divorce of Mr and Mrs Owens, a couple who had married in 1978. The Supreme Court upheld a decision made at trial, and previously upheld by the Court of Appeal, to refuse a contested divorce petition by Mrs Owens, on the basis that the trial judge could not conclude that Mr Owens's behaviour towards his wife amounted to behaviour so unreasonable that a reasonable person could not be expected to live with him. The Supreme Court and the Court of Appeal expressed regret at not being able to grant the divorce petition, and public reaction to the perceived unfairness Mrs Owens was placed in led to the passage of the Divorce, Dissolution and Separation Act 2020. Facts Mr Hugh John Owens and Mrs Tini Owens married in 1978 and had two children together, both adults when divorce proceedings began. Mrs Owens had considered getting divorced in 2012, and had also pursued an affair between Novembe ...
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Ministry Of Justice
A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a very few countries) or a secretary of justice. In some countries, the head of the department may be called the attorney general, for example in the United States. Monaco is an example of a country that does not have a ministry of justice, but rather a Directorate of Judicial Services (head: Secretary of Justice) that oversees the administration of justice. Vatican City, a country under the sovereignty of the Holy See, also does not possess a ministry of justice. Instead, the Governorate of Vatican City State (head: President of the Governorate of Vatican City State), the legislative body of the Vatican, includes a legal office. Depending on the country, specific duties may relate to organizing the justice system, overseeing the public ...
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Nullity Of Marriage
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34 Void vs voidable marriage A difference exists between a ''void marriage'' and a ''voidable marriage''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ''ab initio''. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a vo ...
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Judicial Separation
Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. ' separation is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation ' is essentially a separation that is sanctioned by a court order, mea ...
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Ahkter V Khan
, also known as ''Attorney General v Ahkter'', is an English family law Court of Appeal case concerning the validity of an Islamic ceremony of marriage. A woman who recently divorced her husband petitioned the court to determine whether the marriage, resulting from a Nikah, was void marriage or a non-marriage. The Family Court had held the marriage was void, granting her financial remedies. The Court of Appeal subsequently reversed the decision and denied financial remedies. The case received much scholarly and media attention on the requirements for marriage and the protection of vulnerable spouses. Context The Marriage Act 1949 and Matrimonial Causes Act 1973 set out conditions for a marriage ceremony to be recognized as valid, void, voidable or outside the Marriage Acts. A valid marriage satisfies all the conditions in the Marriage Acts; the parties may benefit from all the legal consequences such as equitable division of property and pension sharing. A void marriage fails o ...
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English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of common law and equity (legal concept), equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold o ...
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