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Divorce In England And Wales
In England and Wales, divorce is allowed under the Divorce, Dissolution and Separation Act 2020 on the ground that the marriage has irretrievably broken down without having to prove fault or separation. Civil remarriage is allowed. Religions and denominations differ on whether they permit religious remarriage. A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'. History Historically, divorce was not administered as such by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings.Squibb (1977) ''pp'' 104–105. Divorce was ''de facto'' restricted to the very wealthy a ...
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Divorces In England And Wales From 1858 To 2020
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws Divorce law by country, vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple ma ...
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Matrimonial Causes Act 1857
The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878. Background Before the Act, divorce was governed by the ecclesiastical Court of Arches and the canon law of the Church of England. As such, it was not administered by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings.Squibb (1977) ''pp'' 104–105 Divorce allowing remarriage was ''de facto'' restricted to the very wealthy, as it demanded either a complex annulment process or a priv ...
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Family Procedure Rules
The Family Procedure Rules (previously Family Proceedings Rules), often abbreviated FPR, govern the procedures used in family courts in England and WalesThe Family Procedure Rules 2010were introduced by Statutory Instrument and are effective 6 April 2011. Part 7 (Paragraph 75) of the Courts Act 2003 The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review ... states that "Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee", and specifies who should be on that committee.Courts Act 2003
accessed 14 September 2021 The Courts Act also states, "Family Procedure Rules may modify the rules of evidence as they ap ...
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Children Act 1989
The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies. Passage The Children Bill was announced as part of the Queen's Speech on 22 November 1988 and formally introduced to the House of Lords the following day by the Lord Chancellor, Lord Mackay of Clashfern. The Bill was given its second reading in the Lords on 6 December, and was passed to the committee stage on 13 December. Committee debates were held on 19 and 20 December and 23 January 1989. It reached the report stage on 2 February, with debates on 6, 7 and 16 February. On 16 March the Bill was given its third reading in the Lords before being passed to the H ...
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Ancillary Relief
In English law, an application for financial relief following the presentation of a petition for divorce, nullity or judicial separation used to be described as ancillary relief. The term arose because the financial application was 'ancillary' to the petition. However, the term was discarded by the Family Procedure Rules 2010 which substituted it with the term "application for a financial order". Explanation The courts powers derive in large part from the Matrimonial Causes Act 1973, and in particular section 25(2) which sets out the statutory checklist of factors that should be taken into account. The court can order lump sum payments, property adjustment orders (e.g. requiring a property is transferred into the ownership of a husband or wife), periodical payments (known as 'maintenance') and (from 2000) pension sharing orders. Maintenance orders can be given on nominal or specific terms. Nominal orders operate on the basis that if the court makes no order for maintenance (known ...
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Marriage Act 1949
The Marriage Act 1949 (12, 13 & 14 Geo 6 c 76) is an Act of the Parliament of the United Kingdom regulating marriages in England and Wales. The Act had prohibited solemnizing marriages during evenings and at night. Since the Marriage Act 1836 it had been forbidden to marry between the hours of six in the evening and eight in the morning. This prohibition was repealed on 1 October 2012. The Marriage Act 1949 was the first Act to be enacted under the Consolidation of Enactments (Procedure) Act 1949. Section 1 - Marriages within prohibited degrees Section 1 marriages of persons within the prohibited degrees of relationships listed in the schedule are void. The prohibited relationships were based the ''Table of Kindred and Affinity'' which had been included in the ''Book of Common Prayer'' of the Church of England since 1662. The list included parents, grandparents, children, grandchildren, siblings, aunts and uncles, nieces and nephews, as well as a number of affinity relations ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament 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'', Parliament passed the Divorce, Dissolution and Separation Act 2020, which has removed these conditions. Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, includ ...
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Divorce Reform Act 1969
The Divorce Reform Act 1969 is an Act of Parliament in the United Kingdom. The Act reformed the law on divorce by enabling couples to divorce after they had been separated for two years if they both desired a divorce, or five years if only one wanted a divorce. People could end marriages that had "irretrievably broken down" and neither partner had to prove "fault". It was approved on 22 October 1969 and became law when it received Royal Assent on 1 January 1971. The law built on the Matrimonial Causes Act 1857, which allowed people to divorce without an Act of Parliament where there had been adultery and cruelty, rape, bestiality or incest, and the Matrimonial Causes Act 1937, which extended the eligible grounds for divorce to include cruelty, incurable insanity and desertion (of three years or more). The Act was passed only after lengthy and complex processes of negotiation, including a Royal Commission, discussion and eventual backing for the "irretrievable breakdown concept" am ...
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The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was published on Saturday 26 March 2016, leaving only the online edition. The newspaper was controlled by Tony O'Reilly's Irish Independent News & Media from 1997 until it was sold to the Russian oligarch and former KGB Officer Alexander Lebedev in 2010. In 2017, Sultan Muhammad Abuljadayel bought a 30% stake in it. The daily edition was named National Newspaper of the Year at the 2004 British Press Awards. The website and mobile app had a combined monthly reach of 19,826,000 in 2021. History 1986 to 1990 Launched in 1986, the first issue of ''The Independent'' was published on 7 October in broadsheet format.Dennis Griffiths (ed.) ''The Encyclopedia of the British Press, 1422–1992'', London & Basingstoke: Macmillan, 1992, p. 330 It was produc ...
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Peter Townsend (RAF Officer)
Group Captain Peter Wooldridge Townsend, (22 November 1914 – 19 June 1995) was a British Royal Air Force officer, flying ace, courtier and author. He was equerry to King George VI from 1944 to 1952 and held the same position for Queen Elizabeth II from 1952 to 1953. Townsend notably had a romance with Princess Margaret, Elizabeth's younger sister. Early life Townsend was born in Rangoon, Burma, to doctor's son Lieutenant Colonel Edward Copleston Townsend, of the Indian Army,Barrymaine, Norman (1958). ''The Peter Townsend Story''. E. P. Dutton Ltd., p. 19. and his wife, Gladys, daughter of H. Hatt-Cook, of Hartford Hall, Cheshire; his father had married aged 42, 20 years older than his bride. The Townsend family, of Devon, tended to send its sons into the church or the armed forces. From 1928 to 1932, Townsend was educated at Haileybury and Imperial Service College, then an all-boys independent school. RAF career Townsend joined the Royal Air Force in 1930 and trained at ...
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Princess Margaret
Princess Margaret, Countess of Snowdon, (Margaret Rose; 21 August 1930 – 9 February 2002) was the younger daughter of King George VI and Queen Elizabeth The Queen Mother, and the younger sister and only sibling of Queen Elizabeth II. Margaret was born when her parents were the Duke and Duchess of York, and she spent much of her childhood with them and her elder sister. Her life changed at the age of six, when her father ascended the British throne following the abdication of his brother Edward VIII. Margaret's sister became heir presumptive, with Margaret second in line to the throne. Her position in the line of succession diminished over the following decades as Elizabeth's children and grandchildren were born. During the Second World War, the two sisters stayed at Windsor Castle despite suggestions to evacuate them to Canada. During the war years, Margaret was too young to perform official duties and continued her education, being nine years old when the war ...
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