Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on nullity as a way of terminating marriage or civil partnership, first explains the difference between nullity and divorce on one hand, and between a void marriage and a non-marriage on the other. It then considers the grounds on which a marriage may be void and voidable in England and Wales under the Matrimonial Causes Act 1973, as well the grounds on which a civil partnership may be void and voidable under the Civil Partnership Act 2004. The chapter concludes with an assessment of the future of nullity.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in England and Wales are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter begins with a discussion of marriage as a legal concept, the legal recognition of same-sex relationships and creation of civil partnerships. It considers the rules governing entry into marriage and civil partnership and the presumption of marriage. It also discusses the concept of nullity of marriage or civil partnership, the concept of a ‘non-qualifying ceremony’ and the grounds for annulment. The chapter concludes with a discussion of cohabitation outside marriage and its recognition by the law.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in an exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on family relationships, marriage, same sex marriage, civil partnership, forced marriage, and cohabitation, beginning with a discussion of the absence of a widely acceptable definition regarding the concept of ‘family’. It examines how marriage was defined in Hyde v Hyde (1866), and the definition of civil partnership under the Civil Partnership Act 2004. The concept of ‘common law marriage’ and the rights of those cohabiting is considered, along with the importance of formalities to end marriage and civil partnership. It also highlights the rights of parties to a marriage or civil partnership to acquire rights over property during the relationship on the basis of trusts law or proprietary estoppel. Finally, it looks at calls to reform the law in relation to cohabitants, particularly with regard to joint ownership of property.
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This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage and the extension of civil partnership to opposite-sex couples; and the legal consequences of marriage.
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It is undeniable that anyone who is legally classified as a parent has an obligation to maintain their child. This chapter considers three areas of financial support for children: child maintenance as a percentage of gross weekly income of the non-resident parent, the financial outcomes of divorce as guided by the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, and Schedule 1 of the Children Act 1989. The chapter starts with a brief history of financial support for children in the UK.
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This chapter discusses the factors that a court will take into account when deciding on the division of money and property following a divorce or dissolution of a civil partnership. It introduces the main concepts in proceedings for financial orders under the Matrimonial Causes Act 1973, which includes all of the circumstances of the case, children, and the factors for orders involving children. It examines the factors considered by the court when deciding on financial orders and these are explained in detail. It looks at the clean break principle, pensions, and the principal case-law arising from proceedings for financial orders.
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This chapter addresses the termination of adult relationships, in particular divorce, but also the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, criticisms of the current law and recent reform initiatives. It then considers other decrees under MCA 1973, dissolution of a civil partnership, and termination of unmarried relationships.
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This chapter discusses the law governing child support. Child support is regulated by one or more of several statutes depending on the circumstances: the Child Support Act 1991 (CSA 1991), as amended; Schedule 1 to the Children Act 1989; the Matrimonial Causes Act 1973; and the Civil Partnership Act 2004. The applicability of the CSA 1991 in a particular case can limit to some extent the use of the other statutes mentioned.
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This chapter considers some parts of the law and procedure following the breakdown of a relationship. It discusses the remedy of separation as an alternative to divorce proceedings. It explains the term ‘separation’ and the two main statutes relating to these areas. The chapter also discusses the bars to petition and also examines nullity as a remedy, including void and voidable marriages and the different grounds for finding a marriage void or voidable. It looks at nullity and civil partnerships, as well as a remedy for escaping forced marriages and some statistics on forced marriages. The Civil Partnership (Opposite-sex Couples) Regulations 2019 (SI 2019/1458) are mentioned. Case law is also used.
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This chapter discusses the law on discrimination due to the protected characteristics of gender reassignment, marital status and civil partnership, and pregnancy and maternity. The Sex Discrimination Act as originally drafted only prohibited discrimination on grounds of sex and marital status. However, civil partners are now treated in the same way as married people. Transgender people, who live as someone of the opposite gender, are protected from discrimination. They can also change their birth certificates so that their new gender is reflected there. Pregnant women have a right not to be discriminated against, and this is a free-standing right. People are entitled not to be discriminated against because of their sexual orientation. The prohibition against sex discrimination covers heterosexuals as well as homosexual people.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce, dissolution, and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; divorce law as it was before 2022; the defects of the former law and its reform; the present law of divorce and judicial separation under the Divorce, Dissolution and Separation Act 2020; and evaluation of the current law.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter first provides an overview of the historical development of the divorce law in England and Wales and an outline of the law as it was before the new reforms contained within the Divorce, Dissolution and Separation Act 2020 came into effect. It then discusses the path to reform, before ending the chapter with a consideration of the new divorce law and dissolution of civil partnership and judicial separation.
