Constituion Of Marriage

Question 1

Hyde v Hyde

Answer 1

Traditional definition of marriage:

Voluntary union for life of one man and one woman to the exclusion of all others

S4(1) of MCP(S)Act 2014 provides all references to “marriage/married couples” should be read as referring to opposite and same sex couples respectively.

Question 2

Lang v Lang

Answer 2

Illustrates significance of marriage contract.

Sailor married women on the belief she was pregnant with his child. Was actually pregnant with another mans.
Claimed essential error and fraudulent misrepresentation.

Held:
Action failed. Courts take strict approach when interpreting marriage contract. ‘For better or for worse’ lie not enough to negate contract.

Question 3

Regular marriage is regulated by the

Answer 3

Marriage (S) Act 1977

As amended by

The Marriage and CP (S) Act 2014