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Academic literature on the topic 'Matrimonial causes act 1965'

Author: Grafiati

Published: 4 June 2021

Last updated: 14 February 2022

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Journal articles on the topic "Matrimonial causes act 1965"

1

Holmes, Ann Sumner. "The Double Standard in the English Divorce Laws, 1857–1923." Law & Social Inquiry 20, no. 02 (1995): 601–20. http://dx.doi.org/10.1111/j.1747-4469.1995.tb01071.x.

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The Divorce and Matrimonial Causes Act of 1857 included a double standard in its provisions. While a wife's adultery was sufficient cause to end a marriage, a woman could divorce her husband only if his adultery had been compounded by another matrimonial offense. The Matrimonial Causes Act of 1923 granted a wife the right to divorce her husband for adultery alone and thus removed the double standard with respect to the grounds for divorce from English statutes. Although the 1923 act was contemporaneous with other reforms extending the legal rights of women, an analysis of the public debates regarding divorce reform indicates that the statute was not based solely on a desire to provide equitable matrimonial relief for husbands and wives. The belief that male adultery contributed to such social problems as prostitution, illegitimacy, and the spread of venereal disease was as significant in the passage of the 1923 act as the demand for equal access to divorce for men and women.

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Urquhart, Diane. "Ireland and the Divorce and Matrimonial Causes Act of 1857." Journal of Family History 38, no. 3 (April 17, 2013): 301–20. http://dx.doi.org/10.1177/0363199013484714.

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Żarnowiec, Łukasz. "WSPÓŁCZESNE TENDENCJE W ZAKRESIE METOD WYZNACZANIA PRAWA WŁAŚCIWEGO DLA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH." Zeszyty Prawnicze 14, no. 4 (December 5, 2016): 107. http://dx.doi.org/10.21697/zp.2014.14.4.05.

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Current Trends in the Conflict of Legal Methods in Matrimonial Property RegimesSummaryThe difficulties relating to the determination of the law applicable to personal and property relations between spouses are one of the most significant barriers to the free movement of individuals between different countries. Due to the importance of matrimonial property regimes for the situation of third parties entering into legal relations with married persons, matrimonial property regimes also have a seminal impact on the security of free movement and exchange. This article presents an analysis of conflict-of-law methods used to determine the law applicable to matrimonial property relations under selected conflict-of-law regulations adopted in different countries, the proposed uniform European regulation, and the former Polish International Private Law Act (Ustawa o prawie prywatnym międzynarodowym) of 1965. It also contains an assessment of the relevance of new conflict-of-law rules that have been introduced at the national level. The article may be regarded as a background for the analysis of the arrangements presented in the new Polish International Private Law Act of 2011, which will be presented in a separate issue of this journal.

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Żarnowiec, Łukasz. "KOLIZYJNOPRAWNA PROBLEMATYKA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH W ŚWIETLE PRZEPISÓW NOWEJ USTAWY O P.P.M. Z 2011 R." Zeszyty Prawnicze 15, no. 1 (December 5, 2016): 77. http://dx.doi.org/10.21697/zp.2015.15.1.04.

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Conflict of Legal Issues Regarding Matrimonial Property Regimes under the New Private International Law of 2011SummaryThe conflict-of-law method for the determination of the law applicable to matrimonial property regimes under the Polish InternationalPrivate Law Act of 1965 became obsolete and no longer came up tocurrent standards and needs, and therefore required thorough revision.The most important shortfalls of the previous regulation were theexclusion of freedom of choice of the law applicable to matrimonialproperty relations, the selection of criteria recognised as objectiveconnecting factors, the excessive privilege of lex fori, and the lack ofinstruments protecting third parties entering into legal relations witha married couple.Amendments in the above-mentioned scope were introduced by theInternational Private Law Act of February 4, 2011 (Ustawa z dnia 4 lutego 2011 r. – Prawo prywatne międzynarodowe), that came into forceon May 16, 2011. However, certain provisions of the new Act haveraised doubts. This paper presents them and tries to provide a criticalassessment.

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5

Poovey, Mary. "Covered but Not Bound: Caroline Norton and the 1857 Matrimonial Causes Act." Feminist Studies 14, no. 3 (1988): 467. http://dx.doi.org/10.2307/3178061.

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6

REDMAYNE, SHARON. "The Matrimonial Causes Act 1937: A Lesson in the Art of Compromise." Oxford Journal of Legal Studies 13, no. 2 (1993): 183–200. http://dx.doi.org/10.1093/ojls/13.2.183.

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7

Kosowicz, Stanisław. "Zaburzenia psychiczne ograniczające wykonanie zobowiązań powziętych w akcie zgody małżeńskiej." Prawo Kanoniczne 29, no. 1-2 (June 5, 1986): 217–26. http://dx.doi.org/10.21697/10.21697/10.21697/pk.1986.29.1-2.06.

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In this article a problem of the psychical perturbations is done, which constrains executions of the obligations being included in the act of the matrimonial consent. The ability to live in community, a question of the bringing forth and education of the children, finally mutual perfecting themselves in the maried couple, there are esemtial elements of the sacramental mariage. If anyone of thees elements by the one of the parties contracting mariage is not realised, of the cause psychical disease, then it is possible to adjudicate the nullity of mariage. A difficulty to decide in these matters is, because it is not always easy to ascertain with full certitude, if the psichical disease effects a stagger of the spiritual counterpoise in such high degree that the person is not able to fulfill the obligations included in the act of the matrimonial consent The problem in this article brought up is now new one, but in this matter will be in time to come more and more decisions of Rota, which will be guide lines to adjudicate the causes for the lower instances in the analogical causes.

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8

Kha, Henry, and Warren Swain. "The Enactment of the Matrimonial Causes Act 1857: The Campbell Commission and the Parliamentary Debates." Journal of Legal History 37, no. 3 (September 2016): 303–30. http://dx.doi.org/10.1080/01440365.2016.1235796.

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9

Dowling, Andrew. ""The Other Side of Silence": Matrimonial Conflict and the Divorce Court in George Eliot's Fiction." Nineteenth-Century Literature 50, no. 3 (December 1, 1995): 322–36. http://dx.doi.org/10.2307/2933672.

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The Matrimonial Causes Act of 1857 and the Divorce Court it created were hailed by some contemporary observers as "one of the greatest social revolutions of our time." Among the many "revolutionary" consequences of this new Court was an increased legal and social recognition of psychological cruelty in marriage and, through the journalistic reportage of its proceedings, the creation of a new reading public that had become fascinated with tales of marital strife. This essay suggests and examines a correlation between these legal and social changes and the emphasis found in George Eliot's fiction on silence as a sign of matrimonial conflict. Throughout Eliot's fiction, from "Janet's Repentance" in Scenes of Clerical Life, through to Felix Holt and Middlemarch, and culminating in the portrayal of Henleigh Grandcourt in Daniel Deronda, there is a progressive emphasis on the nonphysical signs of matrimonial conflict and, in particular, on the oppressive power of silence in sexual relationships. Eliot's use of silence to evoke this experience reflects a new social awareness of psychological cruelty in marriage, one that was being formally recognized in the law courts at this time. But by hinting at a form of matrimonial cruelty so terrible that it must remain veiled, Eliot's use of silence also functions as a rhetorical device that whets a new public appetite for tales of matrimonial conflict.

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Efe, Chinedu Justin. "An appraisal of the property settlement provisions under the Nigerian Matrimonial Causes Act: lessons from Australia." International Journal of Private Law 9, no. 3 (2019): 177. http://dx.doi.org/10.1504/ijpl.2019.098118.

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Books on the topic "Matrimonial causes act 1965"

1

Nigeria. Matrimonial causes: Act & rules, with Marriage Act. Nigeria?]: [Princeton Publishing Company], 2013.

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2

Odike, E. A. Modern Nigeria Family Law with Marriage Act and Matrimonial Causes Act. Uwani-Enugu [Nigeria]: Renaissance Publishers in association with Ferdinand Oparanozie, 2003.

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Selected matrimonial cases with Matrimonial Causes Act & Rules (1990). Ibadan: Published on the authority of the Supreme Court and Court of Appeal by Funmi Quadri & Co., 2002.

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4

Hill, Jonathan. 8. Matrimonial causes. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0008.

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This chapter examines the jurisdiction of the English court and the choice of law process in proceedings for divorce, judicial separation, and annulment of marriage, and the extent to which the decrees of foreign courts in such matrimonial cases are recognised in England. It discusses similar rules which have been introduced in relation to same-sex marriage and civil partnership. Finally, the chapter considers the powers of the English court to grant financial relief and to recognise foreign maintenance orders. The Domicile and Matrimonial Proceedings Act 1973 introduced new uniform grounds of jurisdiction for matrimonial proceedings. These grounds were based on the policy that at least one of the parties, whether husband or wife, applicant or respondent, should have a sufficient connection with England to make it reasonable for the English court to deal with the case and likely that the divorce would be recognised in other countries. The Brussels II bis Regulation imposes uniform jurisdictional rules throughout the European Union (except Denmark, which did not participate in the adoption of the Regulation) and provides for almost automatic recognition of divorces, annulments, and separations granted by the courts of the Member States.

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Paul, Torremans. Part V Family Law, 22 Matrimonial and Related Causes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0022.

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This chapter examines the rules governing matrimonial and related causes, which generally include petitions for divorce, nullity of marriage, judicial separation, and presumption of death and dissolution of marriage, as well as similar foreign proceedings which may fall for recognition in England. It first considers whether an English court will assume jurisdiction to grant matrimonial relief in the case of a polygamous marriage, focusing on the relevant provisions of common law and Section 47 of the Matrimonial Causes Act 1973. It then discusses the rules relating to the jurisdiction of the courts, choice of law and recognition of foreign divorces, annulments, and judicial separations as well as presumption of death and dissolution of marriage. It also analyses conflict rules concerning the dissolution, nullity, and separation of civil partnerships and same sex marriage.

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Gilmore, Stephen, and Lisa Glennon. 6. Financial support for children. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.003.0006.

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This chapter discusses the law governing child support. Child support is regulated by one or more of several statutes depending on the circumstances: the Child Support Act 1991 (CSA 1991), as amended; Schedule 1 to the Children Act 1989; the Matrimonial Causes Act 1973; and the Civil Partnership Act 2004. The applicability of the CSA 1991 in a particular case can limit to some extent the use of the other statutes mentioned.

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Gilmore, Stephen, and Lisa Glennon. 2. The dissolution of adult relationships. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.003.0002.

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This chapter deals with the termination of adult relationships, in particular divorce. It also considers the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, criticisms of the current law and recent reform initiatives. It then considers other decrees under MCA 1973, dissolution of a civil partnership, and termination of unmarried relationships.

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8

Gaffney-Rhys, Ruth. 4. Divorce, Dissolution and (Judicial) Separation. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715757.003.0004.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter deals with divorce, dissolution, separation orders and judicial separation and contains a mixture of essay and problem questions. The first question is a problem question that considers the ground and facts for divorce contained in the Matrimonial Causes Act 1973 and the equivalent provisions of the Civil Partnership Act 2004. The second is a problem question that also requires students to apply the law of divorce, but further necessitates consideration of judicial separation. The third and fourth questions are essay questions that focus on reform of divorce law and the use of mediation in divorce proceedings.

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9

Gaffney-Rhys, Ruth. 6. Financial Relief and Child Support. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715757.003.0006.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter deals with financial relief during divorce, nullity and judicial separation proceedings and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s.25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.

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10

Gaffney-Rhys, Ruth. 3. Void, Voidable and Non-existent Marriages. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715757.003.0003.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on nullity, void, voidable and non-existent marriages. The first question requires students to analyse the difference between void and voidable marriages, the grounds for which are contained in ss.11 and 12 of the Matrimonial Causes Act 1973. The second is an essay question that considers the concept of non-marriage or non-existent marriage, which is regulated by case law. The third question is a problem question that examines void and voidable marriages and covers issues such as bigamy, prohibited degrees of relationship, gender reassignment and lack of consummation. The final question asks candidates whether the concept of voidable marriage should be abolished.

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Book chapters on the topic "Matrimonial causes act 1965"

1

Savage, Gail. "Matrimonial Causes Act 1857." In The Palgrave Encyclopedia of Victorian Women's Writing, 1–5. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-02721-6_301-1.

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2

Luther, Peter, and Alan Moran. "Matrimonial Causes Act 1973 (1973, c. 18)." In Core Statutes on Property Law, 156–58. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_23.

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3

Burton, Frances. "Matrimonial Causes Act 1973 (1973 c. 18)." In Core Statutes on Family Law, 33–60. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54510-7_20.

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4

Kha, Henry. "Divorce under the Matrimonial Causes Act 1857." In A History of Divorce Law, 75–109. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge research in legal history: Routledge, 2020. http://dx.doi.org/10.4324/9780367817305-4.

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5

Kha, Henry. "The enactment of the Matrimonial Causes Act 1857." In A History of Divorce Law, 38–74. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge research in legal history: Routledge, 2020. http://dx.doi.org/10.4324/9780367817305-3.

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6

Standley, Kate. "Obtaining a Divorce under the Matrimonial Causes Act 1973." In Family Law, 97–111. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14655-0_8.

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7

Burton, Frances. "Matrimonial Causes (Property And Maintenance) Act 1958 (6 & 7 Eliz. 2, c. 35)." In Core Statutes on Family Law, 22–23. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54510-7_8.

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8

"Matrimonial Causes Act 1857." In Women’s Legal Landmarks : Celebrating the History of Women and Law in the UK and Ireland. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781782259800.ch-007.

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9

"Matrimonial Causes Act 1923." In Women’s Legal Landmarks : Celebrating the History of Women and Law in the UK and Ireland. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781782259800.ch-025.

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10

"MATRIMONIAL CAUSES ACT 1973." In Statutes & Conventions on Private International Law, 289–90. Routledge-Cavendish, 1996. http://dx.doi.org/10.4324/9781843143215-66.

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