Acts
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Cumming-Bruce J dismissed a husband’s petition for divorce on the ground of the wife’s cruelty under section 1(1)(a)(iii) of the Matrimonial Causes Act 1965. But, in recounting the history of the marriage, the judge also commented at p 557 on the . .
The husband had deserted the wife and gone abroad to work; the sole asset was the matrimonial home which was in joint names, and which constituted a post-nuptial settlement. The wife applied for variation of the settlement, whereby, on obtaining the whole of the interest in the former matrimonial home, she would abandon any further … Continue reading Smith v Smith: CA 1970
Following a Polish divorce, there was no power to order maintenance under the 1965 Act because the parties were no longer husband and wife. Citations: [1970] P 198 Statutes: Matrimonial Causes Act 1965 Jurisdiction: England and Wales Cited by: Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010 The parties had divorced in Nigeria, but the former … Continue reading Turczak v Turczak: 1970
W petitioned for divorce alleging that he ‘has behaved in such a way that [she] cannot reasonably be expected to live with [him]’. H defended, and the petition was rejected as inadequate in the behaviour alleged. She said that the section should be . .
In the course of a settlement of divorce proceedings, a wife agreed to withdraw her claim for maintenance. She sought to re-open it. Held: the principle of Hyman v. Hyman applied, notwithstanding that the agreement between the parties had been approved by the court, under section 5 of the 1963 Act. Sir Gordon Willmer said: … Continue reading Wright v Wright: 1970
Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020