Marriage Flashcards
Marriage
The socially and legally acceptable union between two persons
Legal requirements for marriage
Must be voluntary Both must be free to marry Over 18 Not closely related 3 months written notice to registrar of district Take place in a registered building Presence of priest, minister, registrar Couple and two witnesses sign register
Rights of a married couple
Each other’s company
Sex
Joint guardianship of children
Inheritance as per the Succession Act 1965
Responsibilities of married couple
Faithful and loyal
Provide financial aid under Maintenance of Spouses and Children Act 1976
Provide food, care, shelter and education for children
Pre-marriage courses
Information about expectations and reality of marriage
Provided by ACCORD and Marriage and Relationship Counselling Service
Discuss relationships, family planning, child rearing, financial responsibility, buying a home, problems
Facillitated by marriage counsellors, doctors, lawyers, priests
Marriage counselling
Provided by ACCORD and the Family Support Agency
Counsellor provides a neutral environment for couple to discuss feelings and problems with the intention of finding a solution
More specialised counselling may be required
Family Mediation Service
For couples who have already agreed to separate
Funded by Family Support Agency
Free
2-6 one hour sessions with a marriage mediator
Helps couple negotiate agreement regarding custody and finance
Agreements encorporated into Deed of Separation and signed
Legal separation
Arranged through mediation if all parties agree on separation terms
Avoid court proceedings
Deed of separation drawn up by a solicitor
Judicial separation
Couple cannot agree on terms Judicial Separation Act 1989 Adultery Desertion for a year or more Unreasonable behaviour
Nullity
The marriage never existed in the eyes of the state Either spouse was already married Marriage not consummated Legal requirement not met Lack of consent Under influence Psychiatric problems
Divorce
Family Law (Divorce) Act 1996
Hearing is held by the Family Circuit Court
Lived apart for 4/5 years
No realistic possibility of reconciliation
Sufficient provision made for spouse and children
