civil partnership formation Flashcards
What was CP intended to do
provide an equivalent to marriage
what did CPA do
allowed to formalise the relationship. However, since the M(SSC) A the amount of people entering into a CP has been reduced
How has the law of nunlity been applied to CP
without much, but with some significant, modification to the civil partnership regime, except as necessary to protect single sex rather than opposite sex unions.
What does S 3 CPA provide
eligibility and when CP is excluded
Where are the prohibited degrees found
in Schedule 1. The two lists found there (one providing for an absolute bar, the other for a partial bar
Can a platonic relationship be turned into a CP
On the face of it no. But no requirement of sexual relationship basis that non-consummation is not required and dissolution is not available of the grounds of adultery. Prohibited degrees would seem to suggest that a sexual relationship is required.
Which section voids relationship between opposite sex
S 3(1)
- Steinfield v SS for Education
found that the restriction to exclude opposite sex discrimination was not in breach of Art 8 as it was justified as Gov were evaluating the effect of legalising same sex marriage before expensive legislative changed
Burden v UK
ECtHR riled that convention rights of relations were not breached, the blood relationship renders the relationship quantitatively different from that of CP
Where are the grounds that a CP will be void found
S 50 CPA lists the grounds on which will be void- however, unlike S 12 MCA there is no provision regarding consummation
Which section provides bars to relief to cohabitation
S 51
