Marriage Flashcards
Does ECHR Art 12 apply to both homo and hetero sexual marriages?
No, Just heterosexual.
Does ECHR Art 12 apply to marriage, cohabitation and civil partnerships?
No, Just marriage.
Under Art12 of the ECHR can transexuals marry in their new gender?
Yes
What year did the ECHR rule that marriage rights extend to transexuals?
2002
Under what act in the UK can transexuals marry or enter into a civil partnership in their acquired gender?
Gender Recognition Act (2004)
Christine Goodwin v. UK - Which Convention right(s) was held to be violated and why?
Art 8, owing to a clear and continuing international trend for accepting transexual people.
Art12, Court held it was up to each state to determine the conditions and formalities of transexual marriage.
Schalk and Kopf v. Austria - what did the ECHR state?
Art 12 is inapplicable to the applicants complaint. However, as a matters stand it should be left up to each state to determine if same-sex Marraige should be permitted.
What is the legal effect of an engagement in E,W and S at common law?
It is a contract and if either party withdrew without justification than an action could be brought for breach of contract and damages sought.
Under which acts for homo and heterosexual marriage is the promise not an enforceable obligation?
Law Reform (Husband and Wife) (Scotland) Act 1984 S.1
Civil Partnership Act 2004 S.128
In which circumstances would it be presumed that an engagement ring would be returned upon the engagement being broken off?
If it was a family heirloom.
In which case was it determined that any property issues arising from a broken engagement would be dealt with under the general principles of property law?
Shilliday v. Smith 1998
In England and Wales which statute specifically refers to an engagement ring?
Law Reform (Miscellaneous Provisions) Act 1970 S.3(2)
Under the Law Reform (Miscellaneous Provisions) Act 1970 S.1 do legal rights arise from the breach of an engagement?
No
Where an engagement is broken off under the Law Reform (Miscellaneous Provisions) Act 1970 S.2. In relation to the property of the couple how would it be dealt with?
It would be dealt with as if they were husband and wife.
In England and Wales which act relates to the break down of engagements?
Civil Partership Act 2004 S.73
Which cases states that if the man broke off the engagement with no legal justification, he could not recover the ring, but he could if the woman was in breach?
Cohen v. Sellar 1926
Bromley views the ring is a pledge and so should only be recoverably in which circumstances?
The ring is a family Heirloom
A marriage is not valid unless which two things apply?
- The parties have capacity.
- It conforms to the formalities of the place where it is celebrated.
In Scotland how many types of marriage are there?
2 - Regular (Formal) and Irregular (Informal).
Marriage in Scotland is defined under which act?
Marriage (Scotland) Act 1977 S.26(2)
Under the Marriage (Scotland) Act 1997 what are the two types of marriage?
- Civil Marriage
- Religious or Belief Marriage
In Scotland do you need to be a resident to be married?
No
In Scotland how old do you need to be to marry?
16
In Scotland what must everyone complete and submit along with all required documents?
A Marriage Notice
In Scotland in special circumstances does the registrar allow a marriage to proceed without a Marriage Notice?
Yes
In Scotland under which act can the marriage notice be found?
Marriage (Scotland) Act 1977 S.3
In Scotland under which act can the Marriage Schedule be found?
Marriage (Scotland) Act 1977 S.6
In Scotland what is the Marriage Schedule?
It is the key document required for the marriage to take place.
In Scotland who retains the Marriage Schhedule until the date of the marriage?
The district registrar
In Scotland for a civil marriage who conducts the ceremony and under which act?
Conducted by a registrar
Marriage (Scotland) Act 1977 S.8
In Scotland which act governs ‘appropriate’ places to marry?
Marriage (Scotland) Act 1977 S.18
In Scotland in 2002 where could couples get married?
In ‘approved’ places
Can you marry in an open space in Scotland?
Yes
In Scotland who decides if the location is appropriate and on what basis?
Registrar on a case by case basis
In Scotland who must be present in a regular marriage for it to take place?
Both parties and 2 witnesses over 16.
In Scotland who must sign the Marriage Schedule in a regular marriage for it to be valid?
Both parties, the 2 witnesses (16+) and the registrar
In Scotland can a registrar refuse to marry a same sex couple?
No
In Scotland in a religious or belief marriage can a registrar refuse to marry a homosexual couple?
Yes
In Scotland in religious or belief ceremonies what does the Marriage Schedule act as and for whom?
Licences for the celebrant.
In Scotland under which act is an authorised celebrant defined?
Marriage (Scotland) Act 1977 S.8(1)
In Scotland which act amended S.8 of the M(S)A 1977 to include non-religious bodies such as Humanist Society Scotland?
Marriage & Civil Partnership (Scotland) Act 2014
In Scotland under a religious or belief ceremony how quickly must the signed Marriage Schedule be returned to the registration office?
3 days
In Scotland in a religious or belief ceremony where can the marriage be conducted?
Anywhere agreed by the parties and the celebrant
In Scotland under a same-sex marriage which act governs authorised celebrants?
Marriage (Scotland) Act 1977 S.8(1B)
Under the M(S)A 1977 are religious and belief bodies obliged to become a prescribed body that registers same-sex marriage?
No
In Scotland which act governs marriage of non-compliance with formalities when both parties were present and the marriage duly registered?
Marriage (Scotland) Act 1977 S.23A
In Scotland under an Irregular Marriage if there is some form of ceremony will the marriage be invalidated?
No
Which case in Scotland permitted that even with a lack of a Marriage Schedule the marriage was valid?
Sohrab v. Khan
Historically in England how were all marriages aligned with the Church of England?
Requirement married in the parish of 1 party, in the presence of a clergyman with 2 witnesses present.
Historically in England if a licence was not obtained what had to be published?
Banns - for 3 Sundays
In England which act governs the methods of authorising a marriage?
Marriage Act 1949 S.5
Does the Church of England allow same sex marriage?
No
Which act states that Canon’s have no duty to solomnise same-sex marriage?
Marriage (Same Sex Couples) Act 2013 S1(3), (4)
Under which act in Wales can the Church opt into performing same sex marriage, as can other religious organisations but NOT the Church of England?
Marriage (Same Sex Couples) Act 2013 S.8
In non Church of England Marriages what authority is required to legalise the marriage and where is its power derived from?
Registrar’s Certificate
Marriage Act 1949 Part 3
In CofE marriages how many witnesses are required and where is this stated?
2
MA 1949 S.22
In CofE marriage how long after the granting of a licence must the marriage take place?
3 months
MA 1949 S.12
Under which act is a CofE clergyman not required to solomnise a marriage where they believe that one party has acquired that gender under the 2004 Gender Recognition Act?
MA 1949 S.5B
In a CofE marriage which act states that it is not valid if it is done in secret?
MA 1949 S.44(2)
In England in Civil Marriages which act states the words to be used?
MA 1949 S.45(3)
In England an approved place is defined in which piece of legislation?
Marriages and Civil Partnerships (Approved Premises) Regulations 2005
Under theMarriages and Civil Partnerships (Approved Premises) Regulations 2005, a premise is defined as?
Permanently immoveable structure comprising at least a room, or any boat or other vessel which is permanently moored.