Chapter 14 Flashcards
Is domicile recognise by common law or equity?
Common law
What are the five basic principle of domicile?
1) No individual can be without domicile
2) No individual can have 2 domiciles at a single point int time
3) Domicile must relate to a territory subject to a single system of law
4) An existing domicile shall continue until proven another domicile has been acquired
5) An individuals’ domicile must be determined according to English law
What are the 3 types of domicile?
- Domicile of origin - of father / mother if father not alive
- Domicile of dependence -if person with whom they depend on changes domicile, so does the individual
- Domicile of choice - once 16 can change domicile if intend to stay there
What is a civil partnership
Relationship based in contract between two individuals of the same sex
Name the requisites for a valid marriage / civil partnership
- Capable of contractual marriage (age & physical capacity)
- Not prohibited from marrying on another eg related
- Not validly married to another
- They understand the nature of marriage and must freely consent to marry one another
- Must observe the forms & ceremonies of marriage as laid down by statute
How can a marriage be voidable?
- Either party didn’t validly consent to it
- Either party, although capable was suffering from a mental disorder
- At time of marriage, one party was pregnant by some individual other than the other party to the union
- One party has a gender re-assignment certificate without the other knowing
- The marriage hasn’t been consummated due to refusal / incapacity of either party
- One of the parties suffers from venereal disease (STD) at time of marriage
What is a decree of judicial separation?
A court order granting a separation for a couple
For tax purposes a couple live together unless they are separated in one of 3 was - what are they?
1) Under court order - decree of judicial separation
2) By a deed of separation
3) In circumstances where the separation is likely be permanent
When can couple get a divorce / dissolution?
After 1 year of their union
The sole ground on which on canoe granted a divorce is if the union has irretrievably broken down. Give examples of when this happens?
- One party has behaved so that - can’t live with them
- One party has deserted
- The parties have lived apart for a continuous period of at least 2 years - both consent
- The parties have lived apart for a continuous period of at least 5 years - one consent
- One party has committed adultery
Name the 4 main stages that take place during a divorce
1) Filing of a divorce / dissolution petition
2) Response to the divorce / dissolution petition
3) Application to the court for a decree nice / conditional order of dissolution
4) Application to the course for a decree absolute - when granted, marriage / civil partnership ends
What is a consent order in relation to divorce?
When the parties will ask the court to make their agreement an order of court
What is a messier order in relation to divorce?
A court order that takes effect as a trust which the sale of the matrimonial home is deferred until a specified event
When is a will revoked in relation to marriage?
When a person is married / in a civil partnership
Will is not revoked when divorced but provision relating to the other party (eg if appointed executor) lose their effect
At what point does one apply to the high court for a deceleration of premised death?
If person isn’t known to be alive of at least 7 years
Who are children in the eyes of the law?
- Legitimate children (common law rule)
- Child of void marriage
- Child who is born to unmarried parents who then marry
- A child conceived by fertility treatment
- An adopted child
- A child who would otherwise be treated as illegitimate
Who aren’t classed as children in tax law?
- Step-children
- Adopted children as regards their natural partner
- Children as regards to surrogate mother
- Children of individuals who have onto parental responsibility
- Foster children
- Children of a guardian
What determines a person’s political status?
Nationality
Name the 3 categories of citizenship in the UK
1) British citizenship
2) British Overseas Territories citizenship - eg from Gibraltar / Bermuda
3) British Overseas Citizenship - prevents people becoming stateless
What is a power of attorney?
It’s a legal document that allows someone to make decisions for you, or act on your behalf - Lasting replaced Enduring on 1 Oct 2007
