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Family Law > Family, Marriage and Other Relationships > Flashcards

Family, Marriage and Other Relationships Flashcards

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1
Q

What are the two types of a traditional family structure?

A

Nuclear Family (husband, wife and children) and Extended Family (the nuclear family plus other family members)

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2
Q

What is the Fields and Casper’s 2001 Definition of a family?

A

‘Two or more people related by blood, marriage or adoption AND living in the same residence.’

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3
Q

Mr Justice Munby reasons for changes in family life:

A

Changes in social and religious life, decline in marriage and ease of divorce, change in attitudes to same sex relationships and advances in medicine and reproductive techniques.

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4
Q

Gammans v Etkins [1950] KB 328 CA defines what a family is, what was stated in the case?

A

The couple were unmarried but regarded as Husband and Wife by others. When she died the tenancy could not be passed to him as they weren’t ‘family members’ The judgements were deemed controversial.

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5
Q

Is marriage still supported in the same way?

A

To some extent; Cohabitee’s rights and Tax Advantages for married couples.

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6
Q

The courts started to recognise unmarried couples as families in the cases Watson v Lucas [1980] 1 WLR 149

A

The man remained married to his wife and then set up home with another woman. She was able to succeed to the tenancy because of the ‘lasting relationship’. They were family.

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7
Q

Chio Property Investment Ltd v Lopez (1987) 20 HLR 210

A

Miss Lopez lived with a man who was the tenant of the property. She was able to take over the tenancy as there was ‘sufficient state of permanence and stability’ in their relationship for them to be family.

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8
Q

Gay Couples; Fitzpatrick v Sterling Housing Association Limited [2000] 1 FCR 21 HL

A

Held: ‘A degree of mutual inter-dependence of the sharing of lives, or caring and love, or commitment and support’ and not a ‘transient superficial relationship.’ They were family.

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9
Q

Medoza v Ghaidan [2004] AC 27 HL

A

Was found that they could be treated as if they were husband and wife.

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10
Q

What are the three major developments in family law?

A

The Gender Recognition Act 2004. The Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2013.

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11
Q

Benefits of Family Life

A

Emotional Support. Gives Identity. Benefit to Society. Protection from Powerful Organisations. Protects Children.

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12
Q

Disadvantages of Family Life

A

Abuse. Exploitation. Self Interest.

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13
Q

What are the changes in family law?

A

Children are given more rights and have a ‘voice’. The traditional roles of mother and father have changed. More people now choose to cohabit. There is now a legal recognition of same sex relationships.

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14
Q

What is the United Nations Convention on the Rights of the Child 1989?

A

Sets out children’s rights to be safeguarded.

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15
Q

What is the European Convention on Human Rights and the HRA 1998?

A

Responsible for some changes to family law. Articles 8 and 12 are particularly relevant.

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16
Q

What are the other 4 articles relevant to the family home?

A

Article 3- Prohibits torture and inhuman or degrading treatment.
Article 5- The right to liberty and security of person.
Article 14- The right to non- discrimination.
Article 6- The right to a fair trial.

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17
Q

What is the act that has arose from legal aid and family law?

A

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

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18
Q

What circumstances would you be able to get legal aid?

A 
Domestic Violence
Forced Marriage Injunctions
Allegations of Child Abuse
Child is Party to Proceedings
There are exceptional circumstances.
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19
Q

What are the consequences of the legal aid cuts?

A

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

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20
Q

What are the benefits of the cuts?

A

Legal aid budget reduced.
It may encourage settlement by ADR rather than court.
Pro Bono opportunities for students.

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21
Q

The disadvantages of the cuts?

A

Solicitors may have encouraged an out of court settlement.
LIP’s cannot represent themselves as well as a lawyer.
Cases may take longer.
Judge’s time is wasted as they explain court procedure and they may have to cross examine witnessess.

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22
Q

Concerns on the rise in LIP’s

A

Since the reforms came into force, 80% of all the family cases Jan-March 2014 had at least one unrepresented party.

23
Q

What is the classic definition of marriage?

A

‘May be defined as the voluntary union for life of one man and one woman to the exclusion of all others’ Hyde v Hyde (1866) LR 1 P & D 130

24
Q

Nachimson v Nachimson (1930)

A

Couple married in Moscow. Marriage could be terminated by one party giving notice. Valid marriage as they intend it to be life.

25
Q

Corbett v Corbett (1969) 113 S.J 982

A

No longer has to be a man and women. The wife has surgery in 1960 and married a man in 1963. The marriage was annulled as they were not ‘one man and one woman’

26
Q

Who is April Ashley?

A

First Brit to undergo a sex change and awarded a MBE for services to transgender equality in June 2012.

27
Q

Cossey v UK (1991) 2 FLR 492

A

The marriage was declared void as the wide had gender reassignment surgery. Argued violation of Article 8 and 12. Rights only applied to the people of the opposite biological sex.

28
Q

Goodwin v UK (2002) 2 FLR 487 and I v UK [2002] 2 FLR 518

A

ECHR held that inability to amend sex on birth certificates was a breach of Article 8 and 12.

29
Q

Bellinger v Bellinger [2003] UKHL 21

A

Marriage was held not to be valid as wife had undergone reassignment surgery. Court of Appeal agreed. Wife appealed to the House of Lords which made a declaration of incompatibility.

30
Q

Gender Recognition Act 2004

A

Trans gender person can apply for a gender recognition certificate. This can be full or intern( if married on in a civil partnership)

31
Q

What is Section 1 of the Gender Recognition Act 2004?

A

Legal recognition of new gender.

32
Q

What is an interim certificate?

A

If you are married or in a civil partnership.

33
Q

What is a full certificate?

A

Full when marriage or civil partnerships ends or if it is protected relationship.

34
Q

What are the reasons that caused a review of Gender Recognition Act?

A

Concerns that changing gender is distressing with emphasis on medical history. It is not a mental illness.

35
Q

What did the government want to do about the review of the Gender Recognition Act?

A

The government wants to conduct a review to consider removal of unnecessary requests for gender information.
Improve the way people are supported with training for NHS staff.
Tackle harassment and bullying in higher education.

36
Q

Marriage (Same Sex Couples) Act 2012

A

Same sex couples can marry. Church of England and Wales are forbidden from conducting such marriages. Other religions can choose.

37
Q

Who can marry?

A

Marriage is now permitted between same sex couples.
They must not be married/ in a civil partnership.
Aged over 16.
Appropriate consent must be given if under 18.
They must not be within prohibited degrees of relationship (for example certain blood relations (consanguinity) and certain relations by marriage (affinity).

38
Q

Family Law Reform Act 1969

A

Lowered age of consent.

39
Q

What is consanguinity?

A

Blood relations.

Unacceptable and risk of birth defects.

40
Q

What is Affinity?

A

Relationships by marriage

41
Q

How have the Affinity rules relaxed?

A

Step-parent/ step- children can marry if both over 21 and younger one never treated as children of the family.
Parent/ Son / Daughter in law can marry if over 21 and spouses have died.

42
Q

B and L v UK [2005] 3 FCR 353

A

Man wanted to marry daughter in law. Held law interfered with Article 12 Rights.

43
Q

What are the formalities of marriage?

A

Parental Consent.
Licence Required.
Approved Premises.

44
Q

What is the Law commission paper called that called for reform of marriage laws?

A

Law Commission Scoping Paper.

This stated that the law does not meet demands of people who want to get married.

45
Q

What did the Law Commission Scoping Paper state?

A

The law does not cater adequately for the many faiths and non-religious beliefs that make up the 21st century.

46
Q

What is the difference between civil partnership and same sex marriage?

A

Civil partnership- Sign register, no religious ceremony, the Civil Partnership Act 2004 applies.
Same Sex Marriage- state vows, religious ceremony permitted under some circumstances, the couple divorce, the Matrimonial Causes Act 1973 applies.

47
Q

Wilkinson v Kitzinger v Lord Chancellor [2006] EWCH 2022

A

Lesbian couple who had married in Canada failed to have their marriage recognised in this county. It was held to be a civil partnership as a marriage can only be between a man and woman.

48
Q

Equality Act 2010

A

This was a drive for change. Pressure for change, civil partnerships can be converted.

49
Q

Can different sex couples enter a civil partnership?

A

No, only same sex couples can enter into a civil partnership.

50
Q

Should family members be allowed to enter a civil partnership? Burden v Burden v UK [2007] 1 FCR 69

A

Two sisters jointly owned their home. They argued that it was discriminatory not to allow them to enter into a civil partnership. Claim rejected.

51
Q

What country since July 2016 has allowed opposite sex couples to enter a civil partnership?

A

Isle of Man.

52
Q

Cohabitants are protected under which laws?

A

Domestic Violence legislation- Family Law Act 1996.
Inheritance (Provisions for Family and Dependants) Act 1975 and the Fatal Accidence Act 1975.
Inheritance (Cohabitants) Bill HL 2012-2013- rejected by government.
Tenancy Rights.

53
Q

What is the main problem with cohabitation?

A

Cohabitants are not treated the same as married couples/ civil partners when their relationship breaks down.

Family Law (5 decks)

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