9. Families and Adult Relationships

Question 1

What is a nuclear family?

Answer 1

Mother father genetic children

Question 2

Who are the extended family

Answer 2

Blood and marriage relatives

Question 3

What are the functions of family

Answer 3

Support and protection

Question 4

What is marriage

Answer 4

Between same sex or different

Question 5

What are the conditions?

Answer 5

Age
Forbidden decrees 
No existing marriage 
Capacity to marry
Domicile

Question 6

What happens with consent?

Answer 6

Must have capacity. Becomes void if one person is incapax

Long v Long

Tries nullify marriage saying wife was mental defective, she was capax

Question 7

What other exceptions?

Answer 7

Error and duress as per section 20 of the 1977 act

Question 8

Case of duress?

Answer 8

Mahmood v Mahmood

Parents said they’re stop paying her anything if she didn’t get married. When they separated they refused, she won at court

Question 9

What is a sham marriage?

Answer 9

See section 24 of immigration act 1999

Question 10

What else?

Answer 10

1977 act covers all stuff, appropriate places, signing of marriage notice. Marriage schedule

Question 11

What is the marriage schedule?

Answer 11

Both parties sign after the service and then registrar enter the details into the marriage register

Question 12

Exception?

Answer 12

Some errors will not make marriage void like misspelling of names

Question 13

Difference with civil partnerships?

Answer 13

Cannot take place on religious grounds but otherwise very similar

Question 14

Who’s eligible?

Answer 14

Section 86 of 2004 act

Question 15

How are they formed

Answer 15

Section 85 and on for registration

CP schedule rather than Marriage schedule

Question 16

How nul?

Answer 16

Same as marriage

Question 17

What is cohabitation?

Answer 17

S25 is 2006 act

Man and woman living together as husband and wife
2 persons of the same sex living together as civil partners

Question 18

What’s different to marriage?

Answer 18

No date of beginning or dissolution.

Question 19

What happens if it breaks down?

Answer 19

Court decides if there was cohabitation. S25-29 of family law act 2006

Question 20

What will court look at

Answer 20

Length of time
Type of relationship
Shared accounts and such

Question 21

Two cases?

Answer 21

Harley v Robertson

Financial claim allowed after only 7 months of co hab

M v T

When they cease to live like husband and wife it is over