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21 June 2012 / David Burrows
Issue: 7519 / Categories: Features , Divorce , Family
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Signed & sealed?

David Burrows breaks the seal on Kim v Morris

 

Most divorce cases proceed as a simple administrative exercise, performed by court staff and a district judge, in exchange for a court fee of £340 (the same applies to “applicants” for civil partnership orders, to whom this article also applies). The process is entirely statutory; and thus any judicial discretion must be prescribed by statute. A case has to be properly pleaded: under Family Procedure
Rules 2010 (FPR 2010) forms mostly do that job.

Divorce procedure (FPR 2010, Pt 7) is based on extinct county court rules: interrogatories and discovery only went in April 2011. If a cause is defended, precision pleading is still essential. Matrimonial Causes Act 1973 (MCA 1973), s 1(3) requires the court to “inquire” into the facts. If the facts (set out in s 1(2)) are proved, the marriage will be found to have irretrievably broken down (s 1(1)) and a decree will follow (s 1(5)). Though MCA 1973 does not say so, the decree is in the
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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