DIVORCE LAW AND PROCEDURE Human Rights Article 12 ECHR - men and women of marriageable age have the right to marry and found a family according to the national laws governing the exercise of that right One-Year Rule s.3 MCA 1973 - petition for divorce cannot be brought within first year of marriage - Cannot be waived in any circumstances - Decree of nullity or separation is not affected by this rule Jurisdiction of the English Courts to hear suits for divorce s. 5 Domicile and Matrimonial Proceedings Act 1973 Habitual Residence English courts do not have the right to deal with a person's matrimonial affairs simply because they are a British citizen or are present in this country. The English courts have jurisdiction only where: · Both parties are habitually resident in England and Wales; or . Both parties were last habitually resident in England and Wales, and one of them still resides there; or . The respondent is habitually resident in England and Wales; or . The petitioner is habitually resident in England and Wales and has lived there for at least a year immediately before the petition is filed; or . The petitioner is domiciled in England and Wales and has been residing in England and Wales for at least six months immediately before the petition is filed; or . Both parties are domiciled in England and Wales; or · If none of (a)-(f) above applies and no court of another EU State has jurisdiction, either of the parties is domiciled in England and Wales on the date when the proceedings are begun. Essence is establishing a 'centre of interests' of a person's life. A person can only be habitually resident in one place at any given time (Brussels IIa). Z v Z (Divorce: Jurisdiction) (2010) Ryder J: - 'A centre of interests may be established quickly or slowly, depending on the circumstances. Habitual residence on one country may not be lost despite a lengthy period in another ... There is no requirement that the centre of interests has to be permanent; it need only be habitual. but it must have a stable character.' Domicile A person is domiciled in a territory having a single legal system if he has his permanent home there. Domicile of Origin > is acquired at birth. If the child's parents are married, it is the father's domicile. If they are not married, it is the mother's domicile. Domicile of Dependence > If a child is 16 years or younger then their domicile will follow that of their parent's based on the above rule.
Grounds for Divorce Marriage has broken down irretrievably - s.1 (1) MCA 1973 Adultery See p.28 s.1 (6): only between persons of opposite sex Intolerability Doesn't have to be linked to adultery Co-Respondent Person with whom adultery committed can be made party to divorce - not necessary to obtain admission; only evidence that respondent committed adultery required Effect of cohabitation Respondent's Behaviour Case law see p.29 Effect of