Matrimonially - Law Dictionary Search Results
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Conjugally
In a conjugal manner matrimonially connubially...
Matrimonially
In a matrimonial manner...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
A mensa et thoro
A mensa et thoro. (From table and bed.) A term used to describe a partial divorce, in cases in which the marriage was just and lawful, but for some supervenient cause, such as the commission of adultery or cruelty by the husband or wife, it became improper or impossible for them to live together. This divorce was effected by sentence of the Ecclesiastical Court. It caused the separation of the husband and wife, but did not dissolve the marriage, so that neither of them could marry during the life of the other.A decree of judicial separation has been substituted for this kind of divorce by the Matrimonial Causes Act, 1857 (20 & 21 Vict., c. 85), s. 7, now repealed and replaced by the Judicature Act, 1925, s. 85. See MATRIMONIAL CAUSES; DIVORCE...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
Full Court
Full Court. The Judge Ordinary, with two other members of the Court for Divorce and Matrimonial Causes, constituted the Court of Appeal, and in some instances the Court of original jurisdiction, under the name of the Full Court of Divorce, the jurisdiction of which was transferred to the Court of Appeal by the (English) Jud. Act, 1881....
Habitual Residence
Habitual Residence, is an expression used in a variety of statutes for a variety of purposes and could have a different meaning according to the statutory content; furthermore, a person might be habitually resident in more than one place at a time, or might have no habitual residence at all. It is common ground that habitual residence and ordinary residence are interchangeable concepts. Domicile, on the other hand, is a concept of the common law (although the same word is some-times used in civilian systems to denote something more like habitual residence, Mark v. Mark, (2003) 3 WLR 111 UKHL; Ikimi v. Ikimi, (2002) Fam 72 [See (English) Domicile and Matrimonial Proceedings Act, 1973, s. 5(2)], Collins v. Secretary of State for Work and Pension, (2006) 1 WLR 2391 CA...
High Court of Justice
High Court of Justice. The (English) Judicature Act, 1925, has replaced with amendments the Judicature Act, 1873 (36 & 37 Vict. c. 66). The earlier Act abolished the former Superior Courts of Law and Equity, and in their place established a Supreme Court of Judicature (see that title), consisting of the High Court of Justice and the Court of Appeal. The High Court is now a Superior Court of Record, and has vested in it, by s. 16 of the Act of 1873, amended by ss. 9 and 33 of the Judicature Act, 1875, the jurisdiction formerly exercised by the following Courts, viz.: '(1) The High Court of Chancery; (2) The Court of King's Bench; (3) The Court of Common Pleas at Westminster; (4) The Court of Exchequer; (5) The Court of Admiralty; (6) The Court of Probate; (7) The Court for Divorce and Matrimonial Causes; (8) The Court of Common Pleas at Lancaster; (9) The Court of Pleas at Durham; (10) The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any such C...
Jactitation
Jactitation [fr. jactito, Lat., to boast], a false pretension to marriage, Canon Law.The suit of actitation of marriage (jactitationis matri-monii causa), though a rare proceeding, may still be brought in the Divorce Court by the express terms of the (English) Matrimonial Causes Act,1857 (20 & 21 Vict. c. 85), s. 6 (replaced by (English) Judicature Act, 1925, s. 21), when a person falsely boasts that he or she is married to another whereby a reputation of their marriage may ensue. The party injured sues for the purpose of having perpetual silence enjoined upon the unjustifiable boaster. See Thompson v. Rourke, 1893 P. 70....
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