Chapter 2- Marriage Flashcards
What is the definition of marriage and case defining
Hyde v Hyde and Woodmansee
“The voluntary union for life of one man and one woman to the exclusion of all others”
What is the difference between marriage and cohabiting couples?
Cohabitating couples have not gone through a ceremony of marriage
What is the modern definition of marriage and case
Bellinger v Bellinger
“A contract for which the parties elect but which is regulated by the state, both its formation and in its termination by divorce because it affects status upon which depend a variety of entitlements, benefits and obligations”
Requirements for valid marriage
Capacity to marry
And take necessary legal steps to form a marriage
Which Statue sets out the legal restrictions to marry?
S11 Matrimonial Causes Act 1973
3 summarised points which state capacity to marry
Not be closely related
Aged 16 years up
Not already be married or in CP
What does “within prohibited degrees of relationship” refer too
Too close to marry
What does consanguinity mean?
Related by blood
Why are you not allowed to marry too close together?
Incest, and close gene pools may create birth defects
Under S 1 Marriage Act 1949 what is the closest relative you can marry?
First cousins
What is Affinity,
Related by marriage (step brother or sister)
When does Affinity not apply?
A person may marry their Step relation if they have not lived together in parent- child relationship when child was under 18, and if they are over 21 years old.
6 formalities for wedding under marriage act 1994
1) 28 days notice to the register
2) wedding must take place I’m registered building under MA or registry office
3) Church of England marriages must take place in a church
4) Jewish weddings can take place anywhere
5) Quaker weddings must take place in their place of worship
6) any other religions can take place a registry office or place of worship
What is consortium?
LAW
the right of association and companionship with one’s husband or wife
Types of rights under consortium
Intimacy, living together, support and comfort emotionally or financially, sexual fidelity
