Legal Consequences of Marriage

Question 1

What is the Doctrine of Unity?

Answer 1

Marriage = H + W one person in law. Legal existence of woman suspended during marriage.

Question 2

What case abandoned the doctrine of unity?

Answer 2

[Midland Bank Trust Co v Green (no 3) 1982]

Question 3

Who can apply for financial remedies upon divorce?

Answer 3

[Matrimonial Causes Act 1973]

• either party.

Question 4

Can a woman retain property owned by her after the divorce (as separate property)?

Answer 4

[Married Woman’s Property Act 1882]

• Yes. Any property acquired after 1882 is hers.

Question 5

What is the difference if you’re married vs cohabitation in dividing property and finances?

Answer 5

[Matrimonial Clauses Act 1973]

Court has wider discretion to divide property & finance in divorce.

Question 6

Joint bank account is joint property.

Answer 6

[Jones v Maynard]

• both acquire joint int in acc

Question 7

What happens when a dead person has a will? (Testate successon)

Answer 7

• s46 Administration of Estates Act 1925 (amended by Inheritance and Trustees Powers Act 2014)

• Spouse: personal chattels + Statutory legacy (£250k) + half of remaining sum
• children etc = divide between

Question 8

What is a beneficial joint tenant vs tenants in common

Answer 8

Beneficial joint tenant:automatic inheritance at time of death.

Tenants in common: not automatic

Question 9

If you are married to someone, can you rape them?

Answer 9

R v R – Abolished the martial rape exemption.

Question 10

Is a wilful refusal to consumate a ground for nullity?

Answer 10

If opposite sex: yes.

If same sex: no obligation.

Question 11

What is the “Martial coercion defence”?

Answer 11

[s47 Criminal Justice Act]
Wife needs to prove offence charged w (other than treason/murder) was committed in the presence of or under the coercion of her husband

Question 12

Can you steal property from your married partner?

Answer 12

Unity of possession -> Martial Woman’s Property Act 1882.

Yes.