9. Families and Adult Relationships Flashcards
What is a nuclear family?
Mother father genetic children
Who are the extended family
Blood and marriage relatives
What are the functions of family
Support and protection
What is marriage
Between same sex or different
What are the conditions?
Age Forbidden decrees No existing marriage Capacity to marry Domicile
What happens with consent?
Must have capacity. Becomes void if one person is incapax
Long v Long
Tries nullify marriage saying wife was mental defective, she was capax
What other exceptions?
Error and duress as per section 20 of the 1977 act
Case of duress?
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
What is a sham marriage?
See section 24 of immigration act 1999
What else?
1977 act covers all stuff, appropriate places, signing of marriage notice. Marriage schedule
What is the marriage schedule?
Both parties sign after the service and then registrar enter the details into the marriage register
Exception?
Some errors will not make marriage void like misspelling of names
Difference with civil partnerships?
Cannot take place on religious grounds but otherwise very similar
Who’s eligible?
Section 86 of 2004 act
How are they formed
Section 85 and on for registration
CP schedule rather than Marriage schedule
How nul?
Same as marriage
What is cohabitation?
S25 is 2006 act
Man and woman living together as husband and wife
2 persons of the same sex living together as civil partners
What’s different to marriage?
No date of beginning or dissolution.
What happens if it breaks down?
Court decides if there was cohabitation. S25-29 of family law act 2006
What will court look at
Length of time
Type of relationship
Shared accounts and such
Two cases?
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
