Forming Formal Rels* Flashcards
what are the two types of relationships?
Formal and informal
what are the types of formal relationships?
marriage & civil partnerships
what are the types of informal relationships?
All other rels
what is the question with formal?
Do they exist legally?
what is the question with informal?
Do they exist factually?
Why are they called formal?
you need certain legal formalities for them to come into existence, so if you dont have certain legal formalities, wont exist
when do you need to think about formalities?
Need to think about formalities when think about marriage
- same sex
- opposite sex-civil p
What are those looking to enter into marriages and civil part need to comply with?
certain formailities as set out in marriage acts 1949-1994
what act is there also?
There is a civil act but focus on marriage
What two things do you need to focus on for their to be a valid marriage?
- need CAPACITY to marry
2. LEGAL FORMALITIES
what is meant by capacity?
Are you given consent?
do you wearwithal to enter marriage
what is meant by consent?
voluntary union, 4 life= consent
what are the 3 forms that take legal formalites?
1- what happens b4 marriage
2- rules relating to actual ceremony
3- what happens afterwards e.g registration
capa and legal short?
c= consent / f= forms
what are the reasons for these rules?
need to draw distinc btw marriage & engagement and cohab, law distinc those 3 ways
draws distinc btw seriousnes- dont want u to take it lighlty
formal record- gov loves to record what we do, and right to object rules for social reason
rules strict?
less strict as time goes on, relaxed by opening up no. of places to hold marriage-marriage act 1994, for gov to encourage marriage
if rules too strict =danger of invalidating marriages for minor infringements e.g say forgot to do something in time limit- not fair to invalidate
back to time limit?
if breach rules have to knowingly and willinfully- if mistake= wont invalidate but if u set out to defraud= marriage invalid
knowingly and willingfully?
danger of strict intep on rules, ma 1949, s 25 and s 49 , void only if knowingly and wilingfully
what do we then consider?
formalities
what is the note on formalities?
Rules vary slighlty depending on whether ceremony religious or civil
how do the rules vary in civil?
reg off, stately home= nn r cere. if non reli- formalities same makes no diff type of couple- same or opp
how do the rules vary in religious?
no r cere can be forced to mary same, automatically opted out have to opt in
issue on opted out?
protction from discrimination act so schurch of eng, same sex excluded from provision, basis on traditional teachings, possibility of blesings for gay couples, alarmed evaligcans, cof e cant opt in as trying to uphold man and woman. other rel ceremonies can opt in
1st formality?
parental consent- if no pc btw 16-18 marriage= void, held account for making false statement of fact, also person conducting ceremony can refuse
who gives the parental consent?
- parents
- local auth
- anyone with pr
2nd formality?
publicise the intent to marry -u must pub getting married so some1 can object
what can you publcise through?
angelican weddings- reading of banns- MA 1949- S5-7
civil wedings- marriage notice book- MA 1949, S26-S27
can be open for public inspection, for civil weddings normally month, 28 days before u get married
3rd formaility?
mariage ceremony- civil ceremony church of england
civil ceremony?
take place in reg off/ another approved prem= stately home hotels etc, as long as approved need 2 witnesses and registrar- MA 1994 must be non rel
church of eng?
must marry ppl who qualify how?-live, where u got baprtised, 2 witnesses and priest, can refuse to mary if they wish e.g divorcees, gender reassign and same sex- church of e
what is the forth formality?
registration
what about registration?
To get married , need to reg, this i to prove your married = proof. Also helps to collect demographic info.
What are the 4 things you do in total?
Parental consent
publicise intent to marry
marriage ceremony
registration
note about civil p?
- not a marriage
- since equal act 2010, s 202- faith groups can opt in by having their premises approved. not church of e but can have reg off
- Need to comply with rules on capacity and formalities
- Rules on capacity same as marriage apart from the parties must be of the same sex
- Formalities differ in that parties sign a civil partnership document in the presence of a civil partnership registrar and two witnesses.
consequences with not complying with formalities?
- no effect
- marriage is void (annulment)
- a non-marriage
what does void mean?
never in existence
what does voidable mean?
in existence till avoided
what is meant by no effect?
it is void- in order to make marriage void, need to knowingly and willingfully didnt comply with form. If didnt know = innocent
what is meant by marriage is void/annul?
void -annuling= need to talk about void/voidable?umbrella term for both
what is meant by a non marriage?
voidable- innocent- non marriage just isnt marriage, parties think binded but theyre not.
We need to be aware of two situations?
- Q:When is a marriage, not a marriage?
2. Q:Can a couple be presumed to be married, even though they have never been through a ceremony?
when is a marriage, not a marriage?
- These rules Include civil partnerships (the rules are similar but not exactly the same for CPs)
- this is when marriage has fundamental flaws- Two categories: Void and Voidable Marriage/CPs
- The consequences of proving the above means there is an annulment- annul is not a divorce or diss- some1 might choose this for civil reasons , they dont want d for m and diss for c so annul.
contrast the situation of ‘not married, but married’?
presumption = 3 things- must be living together for long time, must present themselves to outside world, must beleive theyre married, m in uk have to reg to prove marriage or not, no reg abroad.
cases for contrast?
martin v myers, lack of entry on reg- couple not abroad and no reg= no marriage
comparison
am- v a-m - cpuple spent couple yrs abroad, presumption u r m, some1 prove not but couldnt rebut and were married.
how does presumption arise?
For it to arise, need to have lived together for long time
case for what is long time that lawyers ask?
On the period of cohabitation see, Dukali v Lamrani [2012]
- 8 years not enough
so what helps if presump?
to take ad of presump, live abroad for several years and if togev long time but case law shows 8 years is not enough.
