14: The law of persons and family law

Question 1

domicile is a concept of the __ law and is determined according to the rules of __ law

Answer 1

common, english

Question 2

technically, can a person be domiciled to the UK

Answer 2

no, they must be domiciled to a single system of law. therefore, they must be domiciled to either england, scotland, wales or northern ireland

Question 3

what are the 5 basic principles of domicile?

Answer 3

• 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

Question 4

what three kinds of domicile are there?

Answer 4

• domicile of origin
• domicile of dependence
• domicile of choice

Question 5

according to domicile of origin, what are the two rules on domicilia

Answer 5

1. an individuals domicile is where the father’s domicile is at the time of birth
2. 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

Question 6

if you are classed as an ‘illegitimate child’ what does this mean?

Answer 6

the father was not alive at the time of birth

Question 7

can a persons domicile of origin change?

Answer 7

no it will never change, unless:

• adopted (domicile = adopted’s father)
• surrogacy arrangements (domicile = surrogate father)

Question 8

can a parents divorce impact the domicile of origin?

Answer 8

no

Question 9

unmarried children under the age of __ and _____ ____ follow the domicile of their father or mother as the case may be.

Answer 9

16, mentally disabled

Question 10

if the parents of a dependent person separate, the domicile of dependence will lie with…?

Answer 10

the domicile of the parent whom they have their home

Question 11

on reaching the age of 16, the domicile of dependency matures into a domicile of ___

Answer 11

choice

Question 12

what is a key characteristic in domicile of choice

Answer 12

residency in a particular domicile and the intention to remain in there

Question 13

if bob says he will leave england if he becomes rich and move the america, is this sufficient intention to remain?

Answer 13

because this reason is ill-defined, we can assume they have the intention to stay

Question 14

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)

Answer 14

clearly foreseen and reasonably anticipated

Question 15

what a different between a decree of judicial separation and decree of divorce?

Answer 15

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

Question 16

in a deed of separation, do the couple remain legally married?

Answer 16

yes

Question 17

can you divorce or dissolute within the first year of marriage?

Answer 17

no

Question 18

what are the four main stages of a divorce/dissolution process?

Answer 18

1. filing of divorce/dissolution petition
2. response to the divorce/dissolution petition
3. application to court for decree nisi/conditional order of dissolution
4. application to the court for a decree absolute/dissolution order

petition, response, decree nisi, decree absolute

Question 19

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:

Answer 19

irretrievably broken down

i.e. it can no longer be retrieved, and the union has vanished

Question 20

what are the 5 ways a union can be ‘irretriveably broken down’?

Answer 20

1. one party has behaved in a way that the other can no longer be with them anymore
2. one party has deserted the other for at least 2 years
3. the parties have lived apart for at least 2 years (consent from the other party required)
4. the parties have lived apart for at least 5 years (consent from the other party NOT required)
5. adultery from one party

Question 21

what are “ancillary reief proceedings”

Answer 21

court orders on financial position, custody of children,

Question 22

what is a “mesher order”

Answer 22

the sale of the family/ matrimonial home is triggered by a specific event in the future

Question 23

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

Answer 23

7 years, High Court

Question 24

what are the three types of british citizenship

Answer 24

british citizenship
british overseas territories citienship
british overseas citizenship

Question 25

can the british overseas territories citizenship give you the right to abode in the UK

Answer 25

no

Question 26

which is the only citizenship that gives you the right to abode in the UK?

Answer 26

british citizenship

Question 27

what are the 5 ways you can get a british citizenship?

Answer 27

by birth, adoption, descent, registration, naturalisation

Question 28

a power of attorney is activated when it is registered with the ____ ____

Answer 28

Public Guardian

Question 29

do you need a witness when signing the power of attorney

Answer 29

yes