9. Families and Adult Relationships Flashcards

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1
Q

What is a nuclear family?

A

Mother father genetic children

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2
Q

Who are the extended family

A

Blood and marriage relatives

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3
Q

What are the functions of family

A

Support and protection

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4
Q

What is marriage

A

Between same sex or different

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5
Q

What are the conditions?

A
Age
Forbidden decrees 
No existing marriage 
Capacity to marry
Domicile
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6
Q

What happens with consent?

A

Must have capacity. Becomes void if one person is incapax

Long v Long

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

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7
Q

What other exceptions?

A

Error and duress as per section 20 of the 1977 act

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8
Q

Case of duress?

A

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

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9
Q

What is a sham marriage?

A

See section 24 of immigration act 1999

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10
Q

What else?

A

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

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11
Q

What is the marriage schedule?

A

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

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12
Q

Exception?

A

Some errors will not make marriage void like misspelling of names

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13
Q

Difference with civil partnerships?

A

Cannot take place on religious grounds but otherwise very similar

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14
Q

Who’s eligible?

A

Section 86 of 2004 act

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15
Q

How are they formed

A

Section 85 and on for registration

CP schedule rather than Marriage schedule

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16
Q

How nul?

A

Same as marriage

17
Q

What is cohabitation?

A

S25 is 2006 act

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

18
Q

What’s different to marriage?

A

No date of beginning or dissolution.

19
Q

What happens if it breaks down?

A

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

20
Q

What will court look at

A

Length of time
Type of relationship
Shared accounts and such

21
Q

Two cases?

A

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