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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 (Religious Marriages) Act 2002
The Divorce (Religious Marriages) Act 2002 is an 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)'' 0002 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. Requiring the religious notice to ...
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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
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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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 Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. 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. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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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 November ...
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Ministry Of Justice
A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justice (Albania) * Ministry of Justice and Solicitor General of Alberta * Ministry of Justice (Algeria) * Ministry of Justice (Andorra) * Ministry of Justice (Angola) * Ministry of Justice and Legal Affairs (Antigua and Barbuda) * Ministry of Justice and Human Rights (Argentina) * Ministry of Justice (Armenia) * Ministry of Justice, Security and Integration (Aruba) * Ministry of Justice (Austria) * Ministry of Justice (Azerbaijan) * Ministry of Justice (Bahrain) * Ministry of Law, Justice and Parliamentary Affairs (Bangladesh) * Ministry of Justice of the Republic of Belarus * Ministry of Justice (Benin) * Ministry of Justice and Institutional Transparency (Bolivia) * Ministry of Justice (Bosnia and Herzegovina) * Ministry of Justice and Publ ...
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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 (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales). 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 ...
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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 fail ...
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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, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with 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 privileges over ...
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English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ...
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