Briefcase on Family Law 2 e (Briefcase) by L.B. Curzon

By L.B. Curzon

This Briefcase is made from a truly wide variety of instances selected so one can enunciate and illustrate many of the primary rules utilized through the courts to modern difficulties of relations legislation. the elemental proof of the situations and the courts judgements are defined, and specific awareness is given to judicial reviews at the essence of the felony questions less than dialogue. detailed emphasis is put on fresh judgements of the court docket of attraction and condominium of Lords. awareness has been paid to the results of the new declaration that the kinfolk legislation Act 1996 has been put on carry, except for the $64000 half IV of the Act, when it comes to household violence.  complete reference tables of instances and statutes are given. Presentation of the textual content is designed particularly for college students desirous about education for legislations levels and different law-related classes, and for social employees whose day-by-day actions necessitate an figuring out of the effect of the selections of the courts on primary social difficulties with regards to the relations.

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As to the prayer for dissolution, the court is asked to exercise its discretion in P’s favour. I can see no social advantage in insisting on the maintenance of a union which has been a mere travesty from the beginning. Accordingly there will be a decree nisi in the exercise of the discretion of the court. Kassim v Kassim (1962) Respondent, R, a Moslem, belonged to the Mashona tribe in Southern Rhodesia. In July 1945 he married M, a member of his tribe, at a civil ceremony in Southern Rhodesia. In 1952 he participated in a marriage ceremony with the petitioner, P, in England.

W now applied for her divorce from H to be set aside, and for an order which would prevent H from seeking ancillary relief. 10 Nullity: Void and Voidable Marriages Held: W’s application was allowed in part. A bigamous marriage was void ab initio. 4 The essence of the voidable marriage Note A marriage celebrated after 31 July 1971 is voidable: where it has not been consummated because of incapacity of either party or wilful refusal of respondent to consummate; where there was no valid consent to that marriage because of, eg, duress, mistake; where, at the date of the marriage either party was suffering from mental disorder; where respondent was suffering from venereal disease in a communicable form; where respondent was pregnant by some person other than the petitioner: s 12 MCA 1973.

Per Singleton LJ: [The test to be applied is] was the person capable of understanding the nature of the contract into which he was entering, or was his mental condition such that he was incapable of understanding it? To ascertain the nature of the contract of marriage a man must be mentally incapable of appreciating that it involves the responsibilities normally attaching to marriage. Without that degree of mentality, it cannot be said that he understands the nature of the contract. 15 BRIEFCASE on Family Law Silver v Silver (1955) The petitioner, P, was a German national by birth who became engaged to be married to S, an Englishman, in 1919.

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