Family Law Essay Example | Topics and Well Written Essays - 4000 words

Family truth - Essay ExampleThe only ground for divorce is the irretrievable break eat of the marriage which must be proven by at least one of five facts.2 Adultery is one of the five facts sure-footed of proving that the marriage has irretrievably broken down.3 However, using adultery to substantiate that the marriage has irretrievably broken down whitethorn be problematic for two specific reasons. First, the allegation that Mr. Murdock has been engaged in several(prenominal) cheating(a) relationships in the past with the last one ending at least 8 months previously is codified barred. Pursuant to Section 2(1) of the Matrimonial Causes Act 1973, a party is not entitled to plead adultery, if having put together out about the adultery, the party seeking to rely on adultery continued to live with the other party for at least 6 months.4 Thus, if Mr. Murdock wanted to rely on your adultery with his son Stuart from several years earlier, he would be time barred since he continued to live with you for more than half dozen months after learning of the affair. However, the court may disregard this fact if the adultery is such(prenominal) that the petitioner finds liveliness with the responsive intolerable. Or the adultery may be pleaded as evidence of the division of the marriage or as evidence that the marriage has irretrievably broken down.5 The fact that the adultery has been ongoing for a exit of years and the respondent is believed to be currently conducting a sexual affair with his office manager may be sufficient for proving that the pervious adulterous relations are statute barred, are nonetheless intolerable. make up so, the alleged current adulterous relationship can constitute a second fact loose of supporting the ground of the irretrievable breakdown of the marriage. The problem with pleading adultery is that the courts require proof of the adultery. The standard is based on the civil standard which requires evidence showing that on a balance o f probabilities, the respondent has committed adultery. Thus, an admission of adultery by the respondent would be sufficient proof.6 At this point, Mr. Murdock has neither admitted or denied the adultery with his office manager, but simply stated that it was none of your business. He may however dissolve to admit to adultery since he states that he no longer wants to remain married to you. Aside from adultery, there appears to be sufficient evidence of behaviour pursuant to Section 1(2)(b) of the Matrimonial Causes Act 1973. Section 1(2)(b) provides that the breakdown of a marriage can be proved if the court is satisfied that The respondent behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.7 This section has been interpreted to basal that it is not so much the respondents behaviour that concerns the court, but the petitioners feelings relation to living with the behaviour.8 Thus the fact that you have suffered depression since gi ving birth to Jack, the first child of the marriage, aim that you might find living with the physical and verbal abuse intolerable and thus provide