Family, Marriage and Other Relationships

Question 1

What is the traditional definition of a family?

Answer 1

Nuclear family - mum, dad, children etc

Extended family - aunts and uncles etc

Question 2

State 4 reasons why families may have changed?

Answer 2

• Changes to social and religious life
• Decline in marriage and ease of divorce
• Change in attitudes to same sex relationships
• Advances in medicine and reproductive techniques

Question 3

How did Chios Property Investment v Lopez (1987) define a family?

Answer 3

Had to be a ‘sufficient state of permanence and stability’ within the relationship

Question 4

What development did the Gender Recognition Act 2004 make?

Answer 4

Legal recognition of a new gender

Question 5

What development did the Civil Partnership Act 2004 make?

Answer 5

Allows same sex couples to enter a civil partnership

Question 6

What developments did the Marriage (Same Sex) Act 2013 make?

Answer 6

Allows same sex couples to marry

Question 7

Name 3 benefits of family life.

Answer 7

Emotional support
Gives identity
Benefit to society

Question 8

Name 3 disadvantages of family life.

Answer 8

Abuse
Self interest
Expolitation

Question 9

What pressures does the United Nations Convention on the Rights of the Child 1989 put on the UK?

Answer 9

States that the children’s rights must be safeguarded

Question 10

What pressures does the European Convention on Human Rights and the Human Rights Act 1988 put on the UK?

Answer 10

Article 8 - right to a family life

Article 12 - right to marry and found a family

Question 11

Under what circumstances is legal aid allowed with family law cases?

Answer 11

Domestic violence
Allegations of child abuse
Child is a party to the proceedings

Question 12

What are the consequences of LASPO (legal aid cuts) to family law?

Answer 12

More mediation instead of court
Rise in the number of litigants in person
More pro-bono needed

Question 13

How does Hyde v Hyde (1866) define marriage?

Answer 13

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

Question 14

Who can get married?

Answer 14

Same or opposite sex
Not already married or in civil partnership
Aged 16 (with consent) or aged 18 without consent
Not in blood relation with partner
First cousins may marry

Question 15

What are the 3 formalities of marriage?

Answer 15

Consent - if required
License
Approved premises

Question 16

What was the importance of the Equality Act 2010?

Answer 16

Meant civil partnerships can be converted into a marriage

Question 17

What is the difference between nullity and divorce?

Answer 17

Nullity - not valid marriage

Divorce - valid marriage but parties decide to end the marriage

Question 18

What legislation refers to nullity of marriage?

Answer 18

Matrimonial Causes Act 1973

Civil Partnerships Act 2004

Question 19

What did the Law Commission recommend when they reviewed the law in 1970?

Answer 19

Should be a bigger distinction between annulment and divorce
There is a stigma attached to divorce
Time period for divorce is longer

Question 20

What is the difference between a void and voidable marriage?

Answer 20

Void - never a valid marriage

Voidable - valid until voided

Question 21

What is a non-marriage?

Answer 21

Couple never married legally

No financial consequences and financial awards cannot be made to either party

Question 22

Who can challenge a void marriage?

Answer 22

Either party or third party

Question 23

Is a decree required for a void marriage?

Answer 23

No

Question 24

Can you marry someone else if you have a void marriage?

Answer 24

Yes, the marriage does not need to annulled

Question 25

Do you require a decree for a voidable marriage?

Answer 25

Yes

Question 26

Who can challenge a voidable marriage?

Answer 26

Either party

NOT third party

Question 27

What are the 5 grounds for void marriages?

Answer 27

1. Prohibited degrees of relationship
2. Under 16/18
3. Formalities are not complied with
4. Already married
5. Polygamous marriage entered into outside the UK

Question 28

Describe the case of Pugh v Pugh.

Answer 28

Marriage between 15-year-old Hungarian girl and British docile man. Marriage was valid in Austria however not here as husband was British

Question 29

Describe the case of Gereis v Yacoub.

Answer 29

Couple married however warned they would also need a civil ceremony. Marriage held as void as the couple acted as though they were married and he claimed a married man’s allowance.

Question 30

What are the 8 grounds for a voidable marriage?

Answer 30

1. Incapacity of either party
2. Wilful refusal of respondent
3. No consent due to duress etc
4. Mental Heath Disorder
5. Respondent suffering from Venereal Disease
6. Respondent pregnant by another
7. Interim Gender Recognition Certificate granted
8. Respondent is a person whose gender has become an acquired gender

Question 31

Where was consummation defined?

Answer 31

D v A (1845)

Question 32

Is an orgasm necessary for consummation?

Answer 32

No

Question 33

What was the case of Baxter v Baxter (1948)?

Answer 33

Wife insisted husband wore a condom and marriage could not be annulled on non-consummation

Question 34

What was established in the case of Boggins (1966)?

Answer 34

Intercourse before marriage is not consummation

Question 35

What was established in the case of Singh v Singh (1971)?

Answer 35

Lack of attraction to the other person was not enough. 17-year-old had an arranged marriage and there was no ‘invincible repugnance’

Question 36

What was the case of Ford v Ford (1987)?

Answer 36

Couple married while husband in prison. He refused sex when she visited and during a home visit he visited her former girlfriend. He told his wife he did not want to live with her when he was released and that was seen as wilful refusal.