Marriage Flashcards

1
Q

What is marriage

A

Marriage is a socially and legally acceptable union between two persons without distinction as to their sex with the exclusion of others

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2
Q

What is the legal requirement for marriage in Ireland

A

Marriage must be entered voluntarily by both partners

Partners must be over 18 years of age

Neither spouse must be in an existing marriage

Cannot marry a close relative . The couple are restricted by consanguinity blood relationship and affinity relationship by marriage

Marriage must be registered after the ceremony

Mental capacity : eg mental capacity to understand the nature of marriage
Intoxicated

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3
Q

What is monogamy

A

One husband and wife
Most common type in Ireland and western societies
Serial monogamy is a term used to describe a situation where an individual married and divorced a number of times
Big any id a crime committed when an individual married again while still legally married to someone else

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4
Q

What is polygyny

A

A form in marriage that involves a man having two or more wives at the same time
These marriage are often Patriarchal ie the male is in charge and shows a man wealth and success because he is able to provide for more than one wife
Practises in Islamic and African communities

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5
Q

What is polyandry

A

Marriage that involved a woman having two or more husbands at the same time
It is very rare and practises in Tibetan communities

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6
Q

What are 6 rights and responsibilities within a marriage in Ireland

A

To cohabit together and keep each other company

To have sexual relations with earth other during the marriage

To show commitment to the marriage and remain faithful and loyal in a monogamous marriage

Each spouse has the responsibility to provide financial support for their partners and their children

Spouse are joint guardians of children born within the marriage

Responsibly to have a will. According to the succession act of 1965 if there is no will and no children each spouse is the sole inheritor of the estate on the death of his or her partner

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7
Q

What are 4 advantages of a pre marriage course

A

The couples are encouraged to communicate and share their feelings

Couples are forced to face reality on issues such as finance and housing

The couples may be aware of potential problem areas that they have been ignoring eg drinking and violence

The couples discuss each other’s best qualities both positive and negative

Allows couples to discuss what marriage means to them and their expectations of marriages life

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8
Q

What are pre marriage courses

A

Provide couples intending to marry with informations regarding the expectations and reality of marriage
Rub by accord and marriage relationship counselling service

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9
Q

What are 7 factors the influence marriage stability

A

Expectations of marriage

Family background

Age- research shows that teens
who marry young are more likely to separate due to a lack of maturity when responding to difficult situations

Dissimilar culture and interest

Social factors eg rising house prices mean longer working day and less time to spend together

Infidelity

Unemployment

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10
Q

What is family mediation and list three advantages

A

Means by which a couple can discuss a separation agreement in the presence of an impartial mediators service provided by the family mediation service
They discuss topics such as parenting Money and home

Advantages
Helps reduce conflict between partners
Helps the people to come to terms with the separation
Encourages co-operation and responsibilities especially those with children

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11
Q

What is a legal separation

A

It is a legally binding contract between spouses which sets out their future rights and responsibilities
It includes
Arrangements regarding the responsibilities and care for the children
Amount of maintenance to be paid to children
Arrangements regarding the ownership and occupation of the family home

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12
Q

What is judicial separation

A

If a couple cannot reach a separation agreement or only one spouse wants to separate and application cane be made to the court for a decree of judicial separation
This is under the judicial separation act 1965
If the judge is satisfied that a spouse has the grounds for a judicial separation they will grant a decree of judicial separation

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13
Q

What are the grounds for judicial separation

A

Adultry
Unreasonable behaviour
No normal Maria tsk relationship for the last year
Desertion for at least one year at the time of application

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14
Q

What is nulity of marriage and what are the two types

A

The concept of nullity refers to a marriage that never existed

Legal annulment : obtained by couples who married in civil and church ceremonies. Required for spouses to remarry and avoid bigamy
Church annulment : obtained by couples who married in the church . This annulment had no legal standing

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15
Q

What are the ground for nullity of marriage that

A

One partner was under 18 or already legally married

If 3 months notice has not been given to the registrar of marriages

If one of the parties did not give full free and informed consent eg intoxicated or under duress

If they are not able to sustain a normal marital relationship eg psychiatric problems

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16
Q

Two effects of nullity of marriage

A

Partners are free to marry

No legal right to share in the estate of the other party

17
Q

What are the conditions necessary for issuing a divorce

A

Spouse must have lived apart for 2 our of the previous 3 years

There is no chance of reconciliation

Proper provision must have been made for spouse and dependant children

18
Q

What is a divorce and what may the court make orders on

A

When a spouse wishes to end an existing legal marriage and an applications must be made to the court for a decree of divorce

When a decree is granted the court may also make order in custody of children
Allocation of property
Payment of maintenance

19
Q

Why is marriage breakdown increasing in Ireland

A

Separation and divorce are more socially acceptable

Getting a divorce is easier and less expensive

Women are more socially independent

State assistance for lone parents