adult relationships

Question 1

heterosexual civil partnership:
R v Secretary of State (2018)

Answer 1

The prevention of opposite sex couples entering a civil partnership is incompatible with article 8 and 14 of ECHR.

Question 2

Same Sex relationships:
Schalk and Kopf v Austria (2011)

Answer 2

Article 12 (EHCR) does not yet include the right to same sex marriage.

Question 3

Voidable Marriage
Scott v Kelly (1992)

Answer 3

Sister seeks deceased sister marriage to be void on the grounds of unsound mind and her partner’s influence in her. Only grounds for non consented marriage is complete mental incapacity.

Question 4

Voidable marriage:
Burke v Burke (1983)

Answer 4

Woman able to claim damages after being entrapped into marriage with husband who was already married.

Question 5

Voidable Marriage:
Ab v B (1961)

Answer 5

Marriage voided on husband’s request due to wife’s impotency.

Question 6

Prior subsisting marriage:
Hyde v Hyde (1866)

Answer 6

Polygamy not recognised as marriage in UK. “marriage… as a voluntary union for life between 1 man and 1 woman to the exclusion of all others.”

Question 7

Prior Subsisting Marriage:
Muhammad v Suna (1956)

Answer 7

Polygamous marriage unable to be dissolved by Scottish courts.

Question 8

Impotency:
F v F (1945)

Answer 8

Impotency = inability to achieve full penile penetration into vagina.