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LS101 – Nov.28.doc

4 Pages

Legal Studies
Course Code
LS 101
Frances Chapman

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LS101 – Nov.28 28/11/2007 21:04:00 ← ← - women and children experience a 73% decline in their standard of living in the year after divorce, while men’s standard of living actually increases ← ← - system of enforcement is quite lacking – many people are able to get away without paying their court ordered amount or hide how much they are earning ← ← Spousal Support ← History • Ecclesiastical law – alimony, common-law as a right that women only could exercise over their husbands after separation • Prior to 1978, wives (only) had the right to apply through the Deserted Wives’ and Children’s Maintenance Act – and had to show that there was desertion by her husband and a failure to maintain her (as a result of his cruelty or adultery) o Adultery by wife was absolute defence to paying spousal support • Alimony was payable only in cases in which it was proved that: o The parties had a valid marriage o The parties were living separate and apart; and o The husband was guilty of adultery, cruelty or desertion. The wife had to prove that her husband was at fault in this way • Desertion defined as liv
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