14: The law of persons and family law Flashcards
domicile is a concept of the __ law and is determined according to the rules of __ law
common, english
technically, can a person be domiciled to the UK
no, they must be domiciled to a single system of law. therefore, they must be domiciled to either england, scotland, wales or northern ireland
what are the 5 basic principles of domicile?
- a person cannot be without domicile
- a person cannot have more than 1 domicile
- a person must be domicile to a single system of law
- a person is of a certain domicile until proved that a new domicile has been acquired
- domicile is determined by english law
what three kinds of domicile are there?
- domicile of origin
- domicile of dependence
- domicile of choice
according to domicile of origin, what are the two rules on domicilia
- an individuals domicile is where the father’s domicile is at the time of birth
- if the father is not alive at the time of birth, the individual’s domicile is where the mother’s domicile is at the time of birth
if you are classed as an ‘illegitimate child’ what does this mean?
the father was not alive at the time of birth
can a persons domicile of origin change?
no it will never change, unless:
- adopted (domicile = adopted’s father)
- surrogacy arrangements (domicile = surrogate father)
can a parents divorce impact the domicile of origin?
no
unmarried children under the age of __ and _____ ____ follow the domicile of their father or mother as the case may be.
16, mentally disabled
if the parents of a dependent person separate, the domicile of dependence will lie with…?
the domicile of the parent whom they have their home
on reaching the age of 16, the domicile of dependency matures into a domicile of ___
choice
what is a key characteristic in domicile of choice
residency in a particular domicile and the intention to remain in there
if bob says he will leave england if he becomes rich and move the america, is this sufficient intention to remain?
because this reason is ill-defined, we can assume they have the intention to stay
if the occasion on which they intend to leave a territory is ____ ____ and ____ ____, then the individual does not have the intention to remain indefinitely in a territory amd cannot acquire a domicile of choice there
(HINT: CFRA)
clearly foreseen and reasonably anticipated
what a different between a decree of judicial separation and decree of divorce?
you are still legally married in a decree of judicial separation
decree of judicial separation may be granted within the first 12 months of marriage
in a deed of separation, do the couple remain legally married?
yes
can you divorce or dissolute within the first year of marriage?
no
what are the four main stages of a divorce/dissolution process?
- filing of divorce/dissolution petition
- response to the divorce/dissolution petition
- application to court for decree nisi/conditional order of dissolution
- application to the court for a decree absolute/dissolution order
petition, response, decree nisi, decree absolute
what is the term used to describe a divorce/ dissolution as the sole ground they may be granted a divorce is that the union has:
irretrievably broken down
i.e. it can no longer be retrieved, and the union has vanished
what are the 5 ways a union can be ‘irretriveably broken down’?
- one party has behaved in a way that the other can no longer be with them anymore
- one party has deserted the other for at least 2 years
- the parties have lived apart for at least 2 years (consent from the other party required)
- the parties have lived apart for at least 5 years (consent from the other party NOT required)
- adultery from one party
what are “ancillary reief proceedings”
court orders on financial position, custody of children,
what is a “mesher order”
the sale of the family/ matrimonial home is triggered by a specific event in the future
where a person is missing or not known to be alive for at least _ years, the spouse/civil partner can make an appeal to the ___ Court for a declaration of presumed death
7 years, High Court
what are the three types of british citizenship
british citizenship
british overseas territories citienship
british overseas citizenship
can the british overseas territories citizenship give you the right to abode in the UK
no
which is the only citizenship that gives you the right to abode in the UK?
british citizenship
what are the 5 ways you can get a british citizenship?
by birth, adoption, descent, registration, naturalisation
a power of attorney is activated when it is registered with the ____ ____
Public Guardian
do you need a witness when signing the power of attorney
yes
