Forbidden Degrees and consent issues

Question 1

Stubing v Germany (2012)

Answer 1

Sibling punished for marriage and intercourse.

Question 2

B v UK (2006)

Answer 2

Former Father and Daughter in-law unable to get married unless former souses were both to die. Impaired their right to marry under art. 12 ECHR.

Question 3

incapacity:
Long v Long

Answer 3

Mental incapacity not always enough to render a marriage void.

Question 4

Incapacity:
Johnston v Brown

Answer 4

(Drugs and Alcohol) You have to be so much under the influence that you have no idea what is going on.

Question 5

Error:
Lang v Lang

Answer 5

Husband only got married because he was told to be the father of their baby but later found out he was not. Marriage voidable on grounds of error.

Question 6

Duress:
Sohrab v Kahn

Answer 6

Mother of bride threaten to commit suicide and send her away to live in another country if she did not marry. Voidable under duress.

Question 7

Duress:
Mahmud v Mahmud

Answer 7

Man forced into marriage by his family. Voidable under duress.

Question 8

Duress:
Edinburgh City Council

Answer 8

Accusation of forced marriage dismissed due to lack of evidence.

Question 9

Sham marriage:
Orlando v Castelli

Answer 9

2 Roman Catholics only married so the man could stay in Glasgow longer. They did not cohabit, have sexual relations or see each other as their spouse. Woman brought nullity and man did not defend.