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Chapter

Cover Concentrate Questions and Answers Family Law

3. Void, Voidable, and Non-Marriages  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on nullity and void, voidable, and non-marriages. The first question requires students to analyse the difference between void and voidable marriages, the grounds for which are contained in ss 11 and 12 of the Matrimonial Causes Act 1973. The second is an essay question that considers the concept of non-marriage or non-existent marriage, which is regulated by case law. The third question is a problem question that examines void and voidable marriages and covers issues such as bigamy, prohibited degrees of relationship, gender recognition, and lack of consummation. The final question asks candidates whether the concept of voidable marriage should be abolished.

Chapter

Cover Family Law

2. Marriage and Civil Partnership  

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

Chapter

Cover Family Law Concentrate

2. Nullity  

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.

Chapter

Cover Concentrate Questions and Answers Family Law

2. The Formation and Recognition of Adult Relationships: Marriage, Civil Partnerships, and Cohabitation  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships, i.e. marriage, same-sex marriage, civil partnerships, and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage, and civil partnerships, and the difference between marriage and cohabitation.

Chapter

Cover Family Law Concentrate

1. Family relationships, marriage, civil partnership, cohabitation  

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.

Chapter

Cover Bromley's Family Law

2. Forming Intimate Enduring Adult Relationships  

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.

Chapter

Cover Family Law

4. Property Division on Divorce  

Polly Morgan

At the end of a marriage or civil partnership, it is necessary to consider the practical and financial arrangements for the parties’ future: how they will share the value of the house(s), the pensions, and the savings and investments; who pays the debts; who gets personal belongings and furniture; and who has what income to live on. The law will only give effect to agreements that are objectively fair. If the parties cannot agree on a fair settlement, then courts have the power to impose a settlement on them by making a ‘financial remedy’ order in whatever terms it thinks are objectively fair. This power does not apply to unmarried couples. This chapter looks at what the court can do, the legal principles and practicalities that govern property redistribution, and some contentious issues and problems that may arise in financial remedy practice.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

15. Article 12: The Right to Marry and to Found a Family  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Article 12 of the European Convention on Human Rights, which protects the right to marry and to found a family, subject to a wide power on the part of states to regulate the exercise of the right. National law may regulate the form and capacity to marry, but procedural or substantive limitations must not remove the essence of the right. The right to marry does not extend to same-sex marriage and there is no right to divorce. However, persons who are transgender are guaranteed the right to marry persons of their now opposite sex.

Chapter

Cover Human Rights Law Directions

19. Article 12: right to marry  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with Article 12, the right to marry and found a family. The right can be qualified by reference to ‘national laws’. This qualification permits states to regulate and restrict marriage so long as the ‘essence’ of the right is not compromised. The human right to marriage gives public recognition and legal protection to the primary unit through which children are conceived and brought up. The European Court of Human Rights tends to allow a wide margin of appreciation in respect of issues over which a clear European consensus has yet to emerge. A number of issues are also discussed in Chapter 15, on Article 8.

Chapter

Cover Clarkson & Hill's Conflict of Laws

7. Marriage  

Jonathan Hill

When the English court has to decide whether a marriage is valid, foreign elements may be involved: one or both of the spouses may be of overseas origin, or the marriage may have been celebrated in a foreign country. This chapter considers which law applies to determine the validity of such marriages. For choice of law purposes, rules about the validity of marriage are divided into two classes: those concerned with formal validity and those concerned with essential validity or capacity to marry. Rules of formal validity lay down the way in which a marriage must be celebrated (for example, to ensure publicity and proof of marriage). Rules of essential validity or capacity are concerned with the permissibility of the marriage relationship itself — whether the parties ought to be allowed to marry each other (or at all). The chapter also discusses the application of the doctrine of renvoi and rules for same-sex marriages, civil partnerships, and polygamous marriages.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

12. Contracts Void at Common Law on Grounds of Public Policy  

M P Furmston

This chapter examines the three types of contract that are treated by the courts as void: contracts to oust the jurisdiction of the courts; contracts prejudicial to the status of marriage; and contracts in restraint of trade. The legal consequences of such contracts are also discussed.

Book

Cover Family Law

Edited by Ruth Lamont

Family Law offers a contextual and critical examination of the subject, discussing areas of debate and controversy. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, public law child protection, adoption; and human rights and children’s rights in the family. Finally, it considers international family law and family law in practice.

Chapter

Cover Family Law

2. Relationships between Adults: Marriage, Civil Partnership, and Cohabitation  

Andy Hayward

This chapter explores the historical development and modern statutory framework applicable to adult formalised and non-formalised relationships. It attempts to instil a thorough understanding of the key principles applicable to the formation and subsequent regulation of these relationships. Owing to the rapid change in family forms and the growing legal recognition of same-sex relationships, the statutory framework has evolved. The chapter assesses how far these frameworks have successfully accommodated modern family forms and whether further reform is required. Topics discussed include the evolution of marriage; the formal recognition of same-sex relationships; legal consequences and formalities for entry into marriage; the legal consequences of nullity; civil partnerships; and cohabitation.

Chapter

Cover Family Law

3. Ending a Marriage or Civil Partnership  

This chapter starts with a brief history of divorce. The chapter then considers the current law on divorce, its historical origins and strengths, and its weaknesses. It then turns to the new law on divorce which is due to come into effect in the autumn of 2021. The chapter asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? The chapter uses a real-life scenario to answer these questions.

Chapter

Cover Family Law

5. Cohabitants and Remedies Not Dependent on Marriage  

Marriage is not the only way that couples can live together. The term for living together without marriage or civil partnership is cohabiting. The numbers for people cohabiting rather than living in marriage or civil partnership is increasing. The acceptance of cohabitation across all age groups has risen also. Irrespective of the nature and duration of the cohabitation, there exist in the law a vast difference between the position of cohabitants and those of married couples when a relationship breaks down and in terms of law and legal rights. This chapter looks at what the differences are and what remedies are available to cohabiting partners who suffer a relationship breakdown. Unfortunately, the government appears to have no plans to reform this area of law.

Chapter

Cover Cross & Tapper on Evidence

XVI. Proof of frequently recurring matters  

This chapter describes different ways in which evidence may be given of certain matters that frequently have to be proved in litigation. Proof of foreign law, identity, birth, death, age, marriage and legitimacy, judgments, convictions, and other orders of the court are discussed here. With foreign law, the general rule is that it must be proved by an expert witness. For questions of identification, the question of evidence becomes more complicated, with the chapter exploring direct, circumstantial, and presumptive evidence in relation to identity. After a brief look into birth, death, age, marriage, and legitimacy, the chapter finally turns to the proof of judgments and convictions.

Chapter

Cover Borkowski's Textbook on Roman Law

5. The Roman Family  

This chapter is devoted to the Roman law of persons and family. As in modern legal studies, so in Roman law, it is the first branch of private law that students are taught, primarily in order to understand the concept of ‘legal personhood’. This chapter covers the paterfamilias (head of the household); marriage and divorce; adoption; and guardianship. The head of the household was the eldest living male ancestor of a specific family. He had in his power (potestas) all descendants traced through the male line (and also exercised forms of control over other members of the household). Roman law accorded the head of the household extensive legal entitlements, not only vis-à-vis the members of the household, but also its property. The motivation of this state of affairs lies in the recognition in Roman law of the family unit as legally significant entity.

Chapter

Cover Hayes & Williams' Family Law

1. The formation of adult relationships  

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.

Chapter

Cover Complete Equity and Trusts

4. The formality requirements and incompletely constituted trusts  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which is on formality requirements and incompletely constituted trusts, discusses the different formality requirements for different types of property. It states that transactions in land require writing. It also looks at the difference between a declaration of trust and a transfer of property and mentions that the disposition of an equitable interest must be in writing; that contracts to transfer property to trustees can only be enforced by the parties to the contract, not the beneficiaries (incompletely constituted trusts); and that marriage settlements are an exception in that beneficiaries within the marriage consideration may enforce a contract to transfer property to the trustees.

Chapter

Cover Family Law

13. International Family Law  

Ruth Lamont

This chapter examines the legal framework governing family law with an international dimension. Given the migration of people and families between countries and legal systems, the management of family law disputes between these systems is an important issue. The chapter examines the sources of international family law, and how we connect people to particular legal systems to govern their dispute. It then considers the law in England and Wales on the recognition of marriage, jurisdiction over divorce, and disputes over children including international child abduction.