Family Practice Level 3 Cilex

Front 1

Financial orders:

White v White [2001]

Wife's traditional contributions to marriage as important as husband's financial contributions.

Back 1

Financial orders:

Section 25 factors.

Front 2

Financial orders:

Clean break principal (s25 MCA 1973)

Parties should be financially independent of each other after divorce. Court has a DUTY to consider if clean break is appropriate but NOT OBLIGED to impose.

Back 2

Financial orders:

Delayed clean break - limited term periodical payment made - wife needs to retrain but requires financial support in meantime.

Front 3

Financial orders:

Consider CASE LAW along with 8 factors.

Back 3

Financial orders:

White v White [2001]

Wife's reasonable needs not determining factor in this case. Court has to achieve fair result. Consider all section 25 factors. Once all factors considered, court should test against yardstick of equalty.

Front 4

Financial orders:

Lambert v Lambert [2003]

Contributions of homemakers and financial earners equal value.

Back 4

Financial orders:

Parlour v Parlour [2004] McFarlane v McFarlane [2004].

Position of periodical payments. CoA held that cross-check of equality not appropriate for periodical payments. PPs could be in excess of reasonable needs if towards clean break.

Front 5

Miller v Miller McFarlane McFarlane (Appeal)

PP can also give compensation to person whose income reduced as a result of marriage.

Back 5

Charman v Charman [2007]

Threshold of wealth at which departure from equality? Could not decide.

Front 6

Occupation orders:

Which section of FLA should be used for occupation orders?

s33, s35, s36, s37 or s38.

Back 6

Occupation orders:

Need to satisfy two conditions:

A and R must be "associated persons". If associated or not is dealt with by s62 FLA. Associated persons covers a wide set of FAMILY RELATIONS inc engaged, intimate relations.

condition 2 - dwelling house, intended to be home of applicant and respondent.

Front 7

Occupation orders:

Apps under 37, 38 dwelling house must have been home of applicant.

Back 7

Occupation orders:

Section 33 - situation where A has right to occupy.

Front 8

Occupation orders:

S35 applies where A is former spouse/CP with no existing right to occupy but where R must be former spouse/civil partner and does have a right to occupy.

Back 8

Occupation orders:

Section 36 - A cohabitant/former cohabitant with no existing right to occupy and R must be cohabitant/former cohabitant and does have right to occupy.

Front 9

Occupation orders:

S37 - A is spouse/former spouse/CP/former CP. Neither they nor R has right to occupy.

Back 9

Occupation orders:

S38 applies where A is cohabitant/former cohabitant and neither they nor R has right to occupy.

Front 10

Occupation orders:

First step - identify if R has right to occupy? If so apply under s33.

Where A is entitled to occupy, can apply for OO against anyone who is associated person.

Back 10

Occupation orders:

Criteria to consider (taking into account circs)

- housing needs - resources

- any children -financial resources

- effect of order on health, safety and well-being of parties and children

- conduct of parties in relation to each other.

- balance of harm test.

Front 11

Occupation orders:

Balance of harm test

- if A or any relevant child is likely to suffer significant harm attributable to R if order not made, ct should make order UNLESS R and any child likely to suffer harm if order made and harm likely to be suffered by R or child is as great or greater than the harm likely to be suffered by A or child if order not made.

Back 11

Occupation orders:

Can be entitled if owner/sole owner/tenant/joint-tenant or possesses home rights. Married/CP can use s33 as even if not legal owner, will have home rights by virtue of marriage/CP with owner.