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7 Cards in this Set
- Front
- Back
Which case states that under the first ground, the adultery itself does not have to make it intolerable for the petitioner to live with the respondent, they are two separate questions?
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Cleary v Cleary
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Which case states that under the 2nd ground (unreasonable behaviour) it must be behaviour that a right-thinking person would think was such that this particular petitioner cannot reasonably be expected to live with this respondent.
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Birch v Birch
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which case added the subjective element to the unreasonable behaviour test, and allowed the court to look at age, vulnerability, mental health etc
-husband was constantly critical and rude |
Livingstone Stallard v Livingstone Stallard
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Which case states that unreasonable behaviour must be made out by SPECIFIC BEHAVIOUR that can be pinned down- not enough that the parties had just grown apart?
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Buffery v Buffery
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Which case states that failing to provide spontaneous displays of affection was not 'unreasonable behaviour' as it was not a breach of marital obligation?
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Pheasant v Pheasant
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Which case states that under the third ground (desertion) in order to determine 'de facto separation' the mental state of the parties can be considered.
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Le Broq v Le Broq
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Which case states that where the wife had a 'just cause to leave' it was not desertion so the petitioner could not rely on the third ground?
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Quoriashi v Quoraishi
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