Family Law: Financial Provision on Marriage - Statistics

General Stats
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Answer Stats
Hint Answer % Correct
s.25(2)(d) Age and length of marriage
0%
Attachment
0%
Autonomy
0%
Standard of living actually enjoyed DURING marriage (case) BD v FD
0%
Husband lied about actual income, is what is reasonably foreseeable that is considered (case) Boker Ingram
0%
Other types of property adjustment order (as below) Both retain interest under trust/charge
0%
Once died will be accounted for, but can be condensed (case) B v B 2008
0%
First consideration Child welfare
0%
Order used to cut all financial ties (except child maintenance) with spouse Clean break
0%
Compensation
0%
s.25(2)(g) Conduct that would be inequitable to disregard
0%
s.25(2)(f) Contributions to welfare of family (childcare, housekeeping etc.)
0%
Where pre-marital cohabitation that leaves seamlessly into marriage will be matrimonial property(case) CO v CO 2004
0%
Stellar contribution case Cowan v Cowan
0%
s.25(2)(e) Disabilities
0%
Equal sharing
0%
s.25(2)(b) Financial needs
0%
Wealthy husband mostly inherited, less than half of assets were not matrimonial property Hart v Hart
0%
Attempted murder was determined to be conduct H v H 2005
0%
s.25(2)(a) Income, earning capacity, and other financial resources of each party
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Earning capacity is not an asset Jones v Jones
0%
Brought high value shares to marriage but kept them separate , non-marital asset K v L
0%
Stellar contribution requires a seed of genius Lambert v Lambert
0%
Order where one party is to pay specified amount of money in one (or instalments) Lump sum
0%
Prostitutes and cocaine not conduct as wife should take husband as she found him MAP v MFP
0%
Allows one spouse to live in house for rest of life until death, remarriage, or cohabitation Martin
0%
Main statute Matrimonial Causes Act 1973
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Case Matthews v Matthews
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Compensation principle, wife gave up career to look after home McFarlane v McFarlane
0%
Order that defers sale until a triggering event occurs Mesher
0%
Straightforward division of assets in a dual income marriage Miller v Miller
0%
Stellar contribution must be gross and obvious, inequitable to ignore Miller v Miller
0%
Common law principles Needs
0%
Is there a presumption in favour of making the order No
0%
s.25(2)(h) No widows pension on divorce
0%
Off-setting
0%
Order where one party has to pay money over certain period of time? Periodical payments
0%
Order where home is sold Power of sale
0%
Section s.23(1)
0%
Section s.23(1)(c)
0%
Section s.24
0%
Section s.24A
0%
Section for statutory factors/checklist s.25(2)
0%
Section s.25A(1)
0%
Pension sharing types Sharing
0%
- Kept finances separate
- Wife earned more through bonuses
- Different earnings and shortness of marriage so shouldn’t be divided equally
Sharp v Sharp
0%
Wife awarded 54k, committed suicide later, husband sought to have award reversed, court said no as was not just wife's money, however reduced entitlement Smith v Smith 1991
0%
s.25(2)(c) Standard of living
0%
Source of the asset that matters, transferred 80 mil into wife's name Standish v Standish
0%
Case that said it is only first NOT overriding consideration (case) Suter v Suter and Jones
0%
Stellar contribution must induce a gulp not a gasp S v S 2006
0%
Wife going to inherit, court does not take into account what has not yet been inherited (case) S v S 2007
0%
One party transfers share/ownership over to other spouse Transfer of property
0%
Conduct must be gross to be taken into account Wachtel v Wachtel 1973
0%
Yardstick of equality, non-financial contributions are just as valuable to avoid discrimination of homemaker White v white 2000
0%
Concept of non-matrimonial property (case) White v White 2000
0%
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