Forming Formal Rels*

Question 1

what are the two types of relationships?

Answer 1

Formal and informal

Question 2

what are the types of formal relationships?

Answer 2

marriage & civil partnerships

Question 3

what are the types of informal relationships?

Answer 3

All other rels

Question 4

what is the question with formal?

Answer 4

Do they exist legally?

Question 5

what is the question with informal?

Answer 5

Do they exist factually?

Question 6

Why are they called formal?

Answer 6

you need certain legal formalities for them to come into existence, so if you dont have certain legal formalities, wont exist

Question 7

when do you need to think about formalities?

Answer 7

Need to think about formalities when think about marriage

• same sex
• opposite sex-civil p

Question 8

What are those looking to enter into marriages and civil part need to comply with?

Answer 8

certain formailities as set out in marriage acts 1949-1994

Question 9

what act is there also?

Answer 9

There is a civil act but focus on marriage

Question 10

What two things do you need to focus on for their to be a valid marriage?

Answer 10

1. need CAPACITY to marry

2. LEGAL FORMALITIES

Question 11

what is meant by capacity?

Answer 11

Are you given consent?

do you wearwithal to enter marriage

Question 12

what is meant by consent?

Answer 12

voluntary union, 4 life= consent

Question 13

what are the 3 forms that take legal formalites?

Answer 13

1- what happens b4 marriage
2- rules relating to actual ceremony
3- what happens afterwards e.g registration

Question 14

capa and legal short?

Answer 14

c= consent / f= forms

Question 15

what are the reasons for these rules?

Answer 15

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

Question 16

rules strict?

Answer 16

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

Question 17

back to time limit?

Answer 17

if breach rules have to knowingly and willinfully- if mistake= wont invalidate but if u set out to defraud= marriage invalid

Question 18

knowingly and willingfully?

Answer 18

danger of strict intep on rules, ma 1949, s 25 and s 49 , void only if knowingly and wilingfully

Question 19

what do we then consider?

Answer 19

formalities

Question 20

what is the note on formalities?

Answer 20

Rules vary slighlty depending on whether ceremony religious or civil

Question 21

how do the rules vary in civil?

Answer 21

reg off, stately home= nn r cere. if non reli- formalities same makes no diff type of couple- same or opp

Question 22

how do the rules vary in religious?

Answer 22

no r cere can be forced to mary same, automatically opted out have to opt in

Question 23

issue on opted out?

Answer 23

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

Question 24

1st formality?

Answer 24

parental consent- if no pc btw 16-18 marriage= void, held account for making false statement of fact, also person conducting ceremony can refuse

Question 25

who gives the parental consent?

Answer 25

1. parents
2. local auth
3. anyone with pr

Question 26

2nd formality?

Answer 26

publicise the intent to marry -u must pub getting married so some1 can object

Question 27

what can you publcise through?

Answer 27

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

Question 28

3rd formaility?

Answer 28

mariage ceremony- civil ceremony church of england

Question 29

civil ceremony?

Answer 29

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

Question 30

church of eng?

Answer 30

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

Question 31

what is the forth formality?

Answer 31

registration

Question 32

what about registration?

Answer 32

To get married , need to reg, this i to prove your married = proof. Also helps to collect demographic info.

Question 33

What are the 4 things you do in total?

Answer 33

Parental consent
publicise intent to marry
marriage ceremony
registration

Question 34

note about civil p?

Answer 34

1. not a marriage
2. 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
3. Need to comply with rules on capacity and formalities
4. Rules on capacity same as marriage apart from the parties must be of the same sex
5. Formalities differ in that parties sign a civil partnership document in the presence of a civil partnership registrar and two witnesses.

Question 35

consequences with not complying with formalities?

Answer 35

1. no effect
2. marriage is void (annulment)
3. a non-marriage

Question 36

what does void mean?

Answer 36

never in existence

Question 37

what does voidable mean?

Answer 37

in existence till avoided

Question 38

what is meant by no effect?

Answer 38

it is void- in order to make marriage void, need to knowingly and willingfully didnt comply with form. If didnt know = innocent

Question 39

what is meant by marriage is void/annul?

Answer 39

void -annuling= need to talk about void/voidable?umbrella term for both

Question 40

what is meant by a non marriage?

Answer 40

voidable- innocent- non marriage just isnt marriage, parties think binded but theyre not.

Question 41

We need to be aware of two situations?

Answer 41

1. 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?

Question 42

when is a marriage, not a marriage?

Answer 42

1. These rules Include civil partnerships (the rules are similar but not exactly the same for CPs)
2. this is when marriage has fundamental flaws- Two categories: Void and Voidable Marriage/CPs
3. 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.

Question 43

contrast the situation of ‘not married, but married’?

Answer 43

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.

Question 44

cases for contrast?

Answer 44

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.

Question 45

how does presumption arise?

Answer 45

For it to arise, need to have lived together for long time

Question 46

case for what is long time that lawyers ask?

Answer 46

On the period of cohabitation see, Dukali v Lamrani [2012]

- 8 years not enough

Question 47

so what helps if presump?

Answer 47

to take ad of presump, live abroad for several years and if togev long time but case law shows 8 years is not enough.