Chapter 2 - Formation of Adult Partnerships (Case Law) Flashcards
Hyde v Hyde and Woodmansee [1886]
The classic definition of marriage “the voluntary union for life of one man and one woman to the exclusion of all others”
Bellinger v Bellinger [2003]
More modern definition of marriage “a contract for which the parties elect but which is regulated by the state, both in its formation and its termination by divorce, because it affects status upon which depend a variety of entitlements, benefits and obligations”.
Irvin v Irvin [2001]
Establishing domicile An English individual had lived in the Netherlands for over 20 years. The Judge considered the husband’s links with his friends in England, his British nationality and his limited assimilation into Dutch society showed that he had not abandoned his domicile of choice and was still domiciled in England. An important factor was that the husband had always intended to return to England when he retired.
Cyganik v Agulian [2006]
A Cypriot who lived in England in 43 years and kept close links with Cyprus. The Court of Appeal made it clear that the relevant question was whether the deceased had formed the necessary intention to remain permanently or indefinitely in England so as to acquire a domicile of choice, rather than whether he intended ever to return permanently to Cyprus. His Cypriot domicile of origin remained in place unless there was clear, cogent and compelling evidence of sufficient intention to acquire a new domicile of choice.
S11(b) Matrimonial Causes Act 1973
One of the three requirements for someone domiciled in England, to have capacity to marry Neither party must be lawfully married or a civil partner already
S2 Marriage Act 1949
One of the three requirements for someone domiciled in England, to have capacity to marry Both parties must be aged 16 or over
Corbett v Corbett [1970]
First time gender reassignment and capacity to marry came to public eye. Section 11(c) MCA 1973 included that for the parties to have capacity to marry, one must be a man and the other a woman. In this case, the bride had undergone gender reassignment surgery to become a woman. The groom was a man. The judge decided that a person’s gender is determined at birth and cannot be altered by surgical intervention. The parties were both viewed as men and therefore was void, because the parties did not have capacity to marry.
Goodwin v United Kingdom [2002]
Gender reassignment and capacity to marry The European Court of Human Rights held that the UK was in breach of Arts 8 and 12 ECHR in refusing to allow a transgender person to change her birth certificate. The application provided evidence to demonstrate that the lack of legal recognition had caused numerous discriminatory and humiliating experiences.
