Irretrievable Breakdown

Question: A marriage is the voluntary union of one man and one woman to the exclusion of all others. A valid? The Problem Frank has lived in England all his life. He married Grace in 1984 and they have three children, Hilda, aged 19, Ian, aged 17 and Jane, aged 15. Under the laws of his religion, Frank is allowed to have more than one wife. Frank has recently met and intends to marry Katherine, though the venue for the ceremony has not yet been agreed, and Grace knows nothing about it. Hilda has been seeing her boyfriend, Liam, for some time and has just found out she is pregnant. Frank is insisting that Liam should marry his daughter and has made various threats towards Liam. Reluctantly, Liam has finally agreed to go ahead with the wedding. Ian, fed up with his life at home, has decided to leave and is planning to marry his secret girlfriend, Mary, without telling any of the family apart from Jane. Jane likes the idea of a secret wedding and she has told Ian that she would like to marry her boyfriend, Ned. Meanwhile, Grace has found out about Katherine and is so angry that she intends applying for a divorce.(a) Discuss the legal issues surrounding Frank’s planned marriage to Katherine. (4 marks) (b) Assuming the marriage of Hilda and Liam were to go ahead against Liam’s wishes, explain what his legal rights would be. (4 marks) (c) Discuss the legal implications of the following: (i) Ian’s planned marriage to Mary; (ii) Jane’s planned marriage to Ned. (6(d) Grace has spoken to a volunteer at the local Citizens Advice Bureau about a possible divorce, but is confused about some of the terms that the volunteer tried to explain to her. Explain the following to Grace: (i) which court would almost certainly deal with her divorce; (1 mark) (ii) the meaning of the term “irretrievable breakdown” and how she might prove it; (3 marks) (iii) the meaning of the terms decree nisi and decree absolute; (4 marks) (iv) the meaning of the term “maintenance”, and the issues a court would have to consider before maintenance was granted. (4 marks) (e) Choose two of the legal requirements of a valid marriage. Briefly comment on how appropriate the law is in respect of these requirements. (4 mar

Answer: Do your own homework!!

Question: Why does Interpol not investigate their own president, police chief of South Africa, Jackie Selebi ? "What's all the fuss about crime?" was his response in 2007 regarding Crime Rate in South Africa. Also Selebi has admitted to a friendship with Glenn Agliotti, who is a suspect in the murder of Brett Kebble, and was allegedly involved in a large drug deal and organised crime. A report released by the SABC on 27 September 2007 claimed that a warrant was issued by the National Prosecuting Authority (NPA), which acts independently from the police, for the arrest of Jackie Selebi. According to the South African Broadcasting Corporation (SABC) the warrant was secured by the head of the NPA Vusi Pikoli, before Pikoli was suspended by the country's President, Thabo Mbeki. On 10 September 2007 a warrant of arrest was issued by the National Prosecuting Authority (NPA) for National Police Commissioner (and Interpol Head) Jackie Selebi. On 23 September 2007 President Mbeki suspended NPA Head Vusi Pikoli, allegedly because of "an irretrievable breakdown” in the relationship between Pikoli

Answer: I have no idea what you're talking about! Its a bit of a heavy read - no?

Question: Why are women bashed for initiating divorce? What would be the reaction if MEN initiated most cases of divorce? Would they get bashed for bailing out on the marriage too? This is initiated by another question, asking why women initiate divorce. In most cases, the answers stated how easily women bailed, how they had financial incentives, etc. (although women fare worse financially after divorce and fare worse in the remarriage and labor markets) This is a list of reasons - they vary from organization to organizaton, but basically infidelity and communication tend to be common ones - *Couple has conflicting personal beliefs *Couple’s marital satisfaction decreases *Desertion *Adultery *Cruel treatment *Bigamy *Imprisonment *Spousal Indignities *Institutionalization *Irretrievable Breakdown of some kind These seem like reasonable reasons to end a marriage. I've never met a person or seen research that indicated people regretted their decision to divorce, have you? I'm really not sure why women get bashed for initiating divorce and men don't. Are we supposed to be forced to stay in a marriage (as well as forced to carry a pregnancy to term???) Would anyone advocate for making divorce tougher? Why? "Uncontested and irreconciliable differences" are used instead of proving infidelity or another such charge. It's simply a catch-all nowadays.

Answer: Honestly, I just don't know. Divorce can be nasty and bitter, of course, and people's feelings get hurt, plus there are all the financial issues, but WHY would you want to be in a relationship with someone who no longer wants to be with you, unless you are some sort of weirdo control freak? It hurts, yes it does, but life offers plenty of variety on that particular song. Sort out the money and the kids, find a new life full of happiness for yourself, act like a decent human being and move on. Cheers :-)

Question: Adament & callous behaviour of mentally sick wife make the husband as well as several families life hell.? Irretrievable breakdown is being introduced a ground of divorce to affected in India. One female poet has rightly said that "life of male start with struggle and female with surrender before husband" those female who follow it never face any divorce. What is your opinion so that marriage of every person could be enjoying for life?

Answer: The philosophy of "life of male start with struggle and female with surrender before husband" is no more relevant in the present age of corporate world as far as the urban part of India is concerned, Nevertheless, in the rural India things are as bad as were 50 years back. In spite of all that you cannot and should not condemn a mentally sick wife for making the life of family members a hell. If it is right for a sick wife then the same criteria should be followed for the mentally sick husband also. Anyone could fall sick any time irrespective to their gender. Please read this Article patiently and understand the hells that women have to pass through in their 50+ age: Old Age: Mothers and Mothers-in-law with a different angle of view: http://harishjhariasblog.blogspot.com/2010/05/mother-and-mother-in-law.html

Question: Divorce question--my husband and I were seperated I recieved divorce papers in the mail? the divorce was no -fault irretrievable breakdown of the marriage. I had cheated while we were seperated and he didnt know..at this point-the divorce has already been filed..if i inform him of what i did can he change the grounds for divorce at this point? If so would that make me responsible for the cost of the divorce? (he had left me for three months prior)

Answer: It's not really about what type of divorce or who pays for it...telling him about your affair is the decent thing to do. That way he can get checked for AIDS or other STD's that your skanky a** might have contracted when you cheated on him.

Question: Role of Executor of Wills...confidentiality? As executor of my mothers will, am I obliged to let my brother see copies of accounts (including those of beneficiaries for which I am Trustee as they are minors and for whom he is the father?). Previously my brother has attempted to obtain the money left by my mother for his children and I was told that legally I am under no obligation to show him as he is not a beneficiary and was deliberately disinherited by my mother because of an irretrievable breakdown in their relationship. We live in the UK. Thank you.

Answer: I do not know UK law but I am familiar with US law (varies from state to state). Here are general principles: The executor acts in trust for the estate and the benefit of the heirs of the estate and for no other individual. So he has no rights that do not belong to the general public, unless he files a lawsuit to challenge the will. The other general principle is that, reserving such confidentiality as is appropriate in order to negotiate the best deals for sales or conversion of assets, etc., the work of the executor should be fully disclosed to all affected and interested (legally involved) parties in a systematic and transparent way. Usually this is done at the end of the probate, when the executor files with the court probating the will a final report including inventories, record of disposition and disbursement, etc. These are generally public information but that can vary with the particular state or court. However, you put one big wrench into this when you said he is the parent of some of the beneficiaries of a trust. While the trustee is presumed to operate in the interests of the beneficiaries, so are parents. To the extent that a child would have legal standing to require disclosure or question the activities of the trustee, so would the child's parent, as his guardian ad litem. So I would tell him, "go hire a solicitor and have the solicitor give me an opinion as to your right of access of this information. Depending on what you get I may go hire a solicitor for the estate to review that opinion." That puts him on notice that you won't be intimidated and that you will spend the trust's money to get the right legal answer if he wants it wasted in that manner.... Alternatively you can say "as their parent you should see what I am doing with their money." Then tell him that and nothing more. You have no obligation to let him get his hands on the money, quite the contrary, you have an obligation to be sure that it ends up with each kid and not with him.

Question: What does this mean???!!!? "irretrievable breakdown" i don't understand this... this got something to do with 'divorce' thanks :) it says : After Divorce Law changed-'irretrievable breakdown allowed', divorce got easier. thanks :)

Answer: It means that the relationship between two people has reached a point where the relationship can no longer continue as it once was. And that there is NO chance that it can ever be the same again. Usually in a marriage where the two people go from loving each other very much to hating each.

Question: can anybody help me out? marital trouble - Courts in India? Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai. My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai. So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances. Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai. Now, can I approach the Supreme court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms. Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct". Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.

Answer: The order passed by High Court that the RC petition cannot be transferred from home town of your wife to Chennai does not seem illegal. It is the right of the wife to file RC petition at her home town, hence, you cannot get it transferred to Chennai according to your convenience, though your difficulties may be genuine. However, it is rather strange that High Court passed the order that divorce petition should also be transferred from Chennai to her home town when there was no such prayer from either side. You may challenge this order to the Supreme Court and there is possibility of reversal of that order. However, it will also take some time and you will have to spend money so it is my friendly advice that instead of challenging that order, you pursue the divorce petition at her home town. The High Court has already passed the order to decide the matter within six months and that order is not wiped out due to order of transfer but if you challenge the order of transfer, the judgement may not come within six months. Secondly, if your marriage is irretrievably broken down, certainly, you have chances of getting divorce even as per the present Act. The Amendment Act has not come into existence yet but meanwhile if it is passed by Parliament certainly you will have more hopes of success.

Question: question regarding special leave petition in supreme court of india? Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai. My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai. So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances. Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai. Now, can I approach the supreme court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms. Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct". Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.

Answer: You can approach to the Supreme Court of India by way of SLP challenging the impugned order passed by the High Court of Madras. Advocate, High Court, Chennai

Question: Irretrievable breakdown of marriage bill in India? Recently law commission had recommended the amendment of Hindu marriage act, and the said bill also had been produced in rajya sabha in Indian parliament. Now where is this bill ? and when will it be enacted in India ?

Answer: This Bill "THE MARRIAGE LAWS (AMENDMENT) BILL, 2010" was presented in the Rajya Sabha by the Union Law Minister, the Bill was later taken up by the Parliamentary Committee for further study and sending its report to the concerned Minister for any changes etc if required in the Bill, now during the coming Winter session most probably this Bill will be taken up for discussion and later passed by both houses of the Parliament, once this process is complete, President of India has to give her assent to the Bill to become part of the two Acts the Hindu Marriage Act,1955 as well the Special Marriage Act,1954. For your information the irretrievably broken marriage as according to this Bill and if that remains so and made a part of the above mentioned two Acts will mean the marriage where there is separate living between husband and wife for three years or more, so if your marriage itself is not even three years old than don't think this new law will serve your purpose for dissolving your marriage on this ground.

Question: Is it possible? My husband and I are getting divorced in Hawaii. It's an uncontested divorce (irretrievable breakdown of the marriage). He and I were best friends for years before getting married. It just turns out that we aren't so good as a married couple. The question is, is it possible for us to try to still be friends? Especially considering that, at this point, we've been sleeping together for years. I don't want to have sex with him anymore. So, is it possible for us to be friends, or will he always want to get into my pants. As of right now, he definitely still wants to have sex with me. Just to clarify, he and I are not sleeping together nor having sex. Stinky McGee - At what point did you deduce that I am seeing someone else? Not only did I NOT say that, that is certainly NOT the case.

Answer: I think it's possible that you can be friends, but only if BOTh of you are willing to do so, and have no alterior motives. If he'd like to be friends with you too, make it perfectly clear what that means to you (NO benefits!). Also, it's probably best to wait a while until emotions settle between you two to become friends.

Question: divorce procedure in Illinois, Dupage County? Hello, I was served a Petition for Dissolution of Marriage. I did not respond or appeared in court. So I was on Default. I was not happy with the terms on the Judgment, so I turned in a Motion to Vacate Judgement and have a court appearance on Monday. My husband and I decided to have a Marital Settlement Agreement. We are now separated for more than six months and we are using "irreconcible differences as cause to irretrievable breakdown of marriage. So it will be an uncontested divorce. We are not arguing or fighting. We just want to get this done. My husband has an attorney but I don't because I don't think I need to be represented because we are not fighting for anything (custody, property, etc). I prepared the following papers: Judgement for Dissolution of Marriage, Marital Settlement Agreement, Stipulation to Waiver of Two Year Requirement and Joint Parenting Order. So now, my husband's attorney will be reading it. My husband will not contest of course because we just want to get it done. So now, what is going to happen? I know that on Monday, the judge will or will not grant my Motion to Vacate the judgment against me. If the Judge grants it to me, do my husband and I just need to present our papers, the Judgement for Dissolution of Marriage, Marital Settlement Agreement, Stipulation to Waiver of Two Year Requirement and Joint Parenting Order? or do we get another courtdate? I think I have an idea on what is going to happen next, but I just want to make sure I am not missing anything. This is in the state of Illinois by the way. Thanks,

Answer: I know you think you don't want, or need , a lawyer, but my advice is to at least consult with one. It won't cost you much, $50 or so, and might help you more than you could ever imagine! Talk to a lawyer today, is my advice!

Question: Am I divorced or just separated? What does this letter mean? Findings and order Findings 1. An irretrievable breakdown of the marriage of the parties does exist 2. The separation agreement executed by the parties does make proper provisions for alimony - for the disposition of the marital property 3. Upon entry of judgment the wife may resume er former name of ******* order for approval The separation agreement executed by the parties is hereby approved as fair and reasonable and shall have the full force and effect of an ordr of this court and is incorportated and not merged in this order and shall survive and remail as independent contract. Am I divorced or just separated? When will I get divorce decree? and final judgment? ------------------------ I did fill out the paperwork. I DO want divorced. Im just wondering if we're divorced for sure or still pending.

Answer: well did you fill out the paper work for a separation or a divorce? that should give you an answer...

Question: Should I file a motion for dismissal or respond to the complaint? I was just served divorce papers a few hours ago by my husband. He cited irretrievable breakdown and lied on the application on when we separated. We were married in February 2009 in Virginia beach. He has been in Massachusetts for 8 months and I moved back there about a month ago. The state requires a one year residency which he doesn't fall under. He doesn't pay child support, he hasn't seen the kids since November 2009 ( two kids in common).Do I file a motion for dismissal for lack of jurisdiction or just respond to his complaint?

Answer: get a lawyer NOW men will try to run all over u in court so get a great lawyer...i was amazed at my lawyer he did everything and i never asked for a dime of my ex husbands money not even child support but i had a gret lawyer and we were divorced in 3 months after 12 years..(and it was contested by him.they said it would take up to a year) i got child support and alimony in my state its not even required to get alimoney but the judge ordered him to pay that!!!i was about 1 in 50 that got alimoney....of course i never took it ,i didnt want anything from him...but dont put it off ,just do it and get rid of him and live a happy life without him in it