This article needs additional citations for verification .(July 2022) |
MacLennan v MacLennan 1958 SC 105 is a Scots a family law decision that ruled that artificial insemination does not constitute adultery for the purposes of divorce. [1]
The MacLennans were married in August 1952. However, the couple separated shortly afterwards, and Mrs MacLennan moved to the United States. In July 1955, she had a baby girl. Mr MacLennan sued for divorce on the grounds of adultery. Mrs MacLennan claimed that she had conceived the child through artificial insemination and that she had not committed adultery.
The Outer House of the Court of Session had to decide if artificial insemination could constitute adultery.
This is where the definition taken from Lord Wheatley's comments that adultery had to involve "physical contact with an alien and unlawful organ". [2] The court lays down specific rules for adultery: 1- In adultery there must be two parties, physically present and engaging in sexual act. 2- It is not necessary that there is any interaction between the sperm and the ovum.
The court ruled artificial insemination does not constitute adultery. However, Mrs MacLennan could not provide the court with any proof of her taking artificial insemination. Mr MacLennan therefore got his divorce.
Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman. Because marriage under Jewish law is essentially a private contractual agreement between a man and a woman, it does not require the presence of a rabbi or any other religious official. It is common, however, for rabbis to officiate and there are rules governing the process of betrothal and consecration.
Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Judaism, Christianity and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship.
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.
Blanchflower v. Blanchflower, 150 N.H. 226 (2003), is a landmark decision by the New Hampshire Supreme Court which ruled that sexual relations between two females, one of whom is married, does not constitute adultery because it is not technically sexual intercourse.
An interlocutory appeal occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. The rules governing how and when interlocutory appeals may be taken vary by jurisdiction.
Canada (AG) v Lavell, [1974] S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents' right to "equality before the law" under Section 1 (b) of the Canadian Bill of Rights. The two respondents, Lavell and Bédard, had alleged that the impugned section was discriminatory under the Canadian Bill of Rights by virtue of the fact that it deprived Indian women of their status for marrying a non-Indian, but not Indian men.
John Theodore Goddard was an English solicitor and founder of the law firm Theodore Goddard (TG) based in London. The firm merged with Addleshaw Booth & Co on 1 May 2003 to become Addleshaw Goddard. Goddard was appointed by Wallis Simpson as an adviser to her during divorce proceedings and in relation to her involvement during the United Kingdom abdication Crisis of 1936.
Combe v Combe [1951] 2 KB 215 is a famous English contract law case on promissory estoppel. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied. It was available only as a defence and not as a cause of action.
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.
Divorce mill is a term used for a jurisdiction that is frequently used by non-residents to obtain a divorce quickly. Relocating temporarily to another jurisdiction to obtain a divorce is referred to as migratory divorce. In the early years of the United States, after state legislatures gave courts the authority to grant divorces, some states had more lenient divorce laws than others. Divorce seekers began to travel to other jurisdictions when their home state's requirements were too onerous.
Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.
At common law, criminal conversation, often abbreviated as crim. con., is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term.
Holy Deadlock is a 1934 satirical novel by the English author A. P. Herbert, which aimed to highlight the perceived inadequacies and absurdities of contemporary divorce law. The book took a particularly lenient view of the need for divorces, which it characterised as "a relief from misfortune, not a crime", and demonstrated how the current system created an environment which encouraged the participants to commit perjury and adultery. The book was a major element in the popular debate about the liberalisation of divorce law in the mid-1930s, and helped pave the way for the 1937 statutory reforms.
Sperm donation is the provision by a man of his sperm with the intention that it be used in the artificial insemination or other "fertility treatment" of one or more women who are not his sexual partners in order that they may become pregnant by him. Where pregnancies go to full term, the sperm donor will be the biological father of every baby born from his donations. The man is known as a sperm donor and the sperm he provides is known as "donor sperm" because the intention is that the man will give up all legal rights to any child produced from his sperm, and will not be the legal father. Sperm donation may also be known as "semen donation".
Religious response to assisted reproductive technology deals with the new challenges for traditional social and religious communities raised by modern assisted reproductive technology. Because many religious communities have strong opinions and religious legislation regarding marriage, sex and reproduction, modern fertility technology has forced religions to respond.
A Question of Adultery is a 1958 British drama film directed by Don Chaffey and starring Julie London and Anthony Steel.
Colonial America bastardy laws were laws, statutes, or other legal precedents set forth by the English colonies in North America. This page focuses on the rules pertaining to bastardy that became law in the New England colonies of Massachusetts, Connecticut, and Pennsylvania from the early seventeenth century to the late eighteenth century. The colonies established many laws based on a combination of old English common law and their religious faith. European settlers established rules to guide society upon their arrival in North America. Many of these rules strongly resembled the established guidelines set forth by England. Although the laws differed initially in their creation and enforcement, by the late eighteenth century, the New England colonies and the colony of Pennsylvania had altered their laws pertaining to bastardy to be mirror images of the laws in effect in England.
Mary Barton was a British obstetrician who, in the 1930s, founded one of the first fertility clinics in England to offer donor insemination. Throughout her career, Barton studied infertility and conception. Her pioneering research and practice were inspired by experience as a medical missionary in India, where she saw the harsh treatment of childless women.
Adultery laws are the laws in various countries that deal with extramarital sex. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, especially in the case of extramarital sex involving a married woman and a man other than her husband, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing them.
Briginshaw v Briginshaw is a 1938 decision of the High Court of Australia which considered how the requisite standard of proof should operate in civil proceedings.