Marriage and other family units 2

Question 1

What are the one of the earlier definitions and the ones you should use?

Answer 1

Hyde v Hyde and Woodhouse (1866) - even though it is out of date it defines marriage

Question 2

What is the hyde definition?

Answer 2

‘the voluntary union for life of one man and one woman to the exclusion of all others

Question 3

what case is different and hyde?

Answer 3

Bellinger v Bellinger [2001]

Question 4

what is the difference between the two shortly?

Answer 4

Hyde v hyde= man and woman

Bellinger- definite absence of mention of parties/ sex

Question 5

what us the 2004 definition from?

Answer 5

Ghaidan v Godin-Mendoza

Question 6

What is the issue with Ghaidan v Godin-Mendoza?

Answer 6

it is now out of date because we now have same sex rels, marriage is something u formally get into and formally bring to an end.

Question 7

stats about marriage if its more popular than it used to be? & disadvantages of stats?

Answer 7

• Marriage is still important- 1 marriage every 2 mins -2012
• Marriage is still pop -5.3% increase people getting married in 2012 compared to 2011
• many going for non relig ceremony so office etc stately home - 70% civil marriage 2012
• 2nd marriages are very popular, people not getting married to late 30’s more uni people etc people want to be established first ,
• Been a rise in older people getting married- partly to do with protection of pension

– people getting married in England wales, stats ignore those that are getting married abroad, no need to register if married abroad, many ppl go abroad noawadays

• gives the impression that marriage is at the heart of family life, underpins society and rubbish bc what acutally is at the heart is children
• Stats tell us marriage is strong but don’t tell us why people want to get married
• marriage means diff things to different people, so depending on cultutal back u might have diff view on what marriage means
• Breakdown of marriage - there is no such thing as a common law wife, cant get things if cohab. There is a body that feels we should treat those who are living together as though they are married and there is a cohab rights bill,
• People now getting married later another one is rise in cohab- rise in cohab and with children too.

Question 8

what are the forms we will be talking about?

Answer 8

civil partnerships, marriage, cohabs

Question 9

when did the civil partnership act come into force?

Answer 9

civil partnership act 2004 ( in force 2005)

Question 10

what happened with couples since 2006 with same sex couples?

Answer 10

same sex couples ONLY are allowed to enter into civil same sex couples only

Question 11

Why did same sex couples enter into civil?

Answer 11

immensely popular as it was the only way formalising same sex relationships

Question 12

What do you get if formed civil with either your husband or your wife?

Answer 12

certain legal rights- almost same rights as marriage

Question 13

what can you still have?

Answer 13

you can still have civil it is good law you simply go through ceremony and u sign civil partnership document, and that document has legal signatures,

Question 14

what documents do you sign thru marriage compared to civil?

Answer 14

so you can only get married if you signed a marriage certificate, here u sign civil partnerships doc

Question 15

stat for 1st month?

Answer 15

month-1,857 (really pop) formed and over 10 day period,

Question 16

when was there a drop?

Answer 16

drop in 2015 bc of marriage same sex couple act- so civil less important, some still might do civil as feel marriage is religious

Question 17

marrige cermonies and civil cermonies?

Answer 17

marriage can either be religious and civil ceremony, civil only civil ceremony

Question 18

what do civil part have the same as marriages?

Answer 18

same formalities of entering into marriage,

• not aloud to be brother/sisiter must be 18
• must be sound mind etc
• non rel ceremony only,
• cant be civil part anywhere so have to use an approved venue, quite regulated
• cant enter into civil part if unde 16 already married or in a civil part already, prohibited degrees, so not aloud to marry your autns uncles etc (this is talking about how they work)

Question 19

what act is for same sex marriages?

Answer 19

Marriage (Same-Sex) Couples Act 2013

Question 20

what is s1 of the act saying?

Answer 20

Extension of marriage to same sex couples, marriage of same sex couples lawful

Question 21

when did the first marriage take place?

Answer 21

29th march 2014= civil can convert to marriage

Question 22

stats for same sex marriages?

Answer 22

• 10th December 2014 CPs can convert their CP to a marriage
• 7,366 marriages between 29th March 2014 and 30th June 2015
  55% (4,059) – female couples
  45% (3,307) – male couples

Question 23

what can same sex marriages not be?

Answer 23

cant be a religious ceremony bc hyde v hyde- something called quadruple block which makes it not rel.

Question 24

what are same sex marriages and opp not much diff?

Answer 24

Not much diff apart from voidability of your marriage- void/voidable

Question 25

what does the law essentially ignore when it comes to this?

Answer 25

essentially the law ignores the sexual element of same sex marriages, so whether void/voidable ignore anything to do with the sex.

Question 26

is cohabitation on the rise?

Answer 26

is cohab on rise yes it is,

Question 27

stats for cohab?

Answer 27

• 2015 there were 3.1m opposite sex cohabiting couples
• there are 90,000 same sex make around 17% of all the families in the uk. cos alot have children
• nearly 1/5 of pop cohab. 41%= opp sex= child, 3% - same

Question 28

what happens with the longer u cohab?

Answer 28

less likely to get married, usually longer, poorer & less academically qualified.

Question 29

what should a cohab couple do?

Answer 29

Unless cohab make special provisions, law treat it as: 2 individual people sharing house= implication on breakdown.

Question 30

difference between marriage and cohab with finances?

Answer 30

marriage= all finances look togev, you combine all assets
cohabit= seperate, no common law marriage, may have rights but in land law than marital obligation

Question 31

what are lone parents?

Answer 31

if lone part laws on divorce, financial orders dont really affect you, child protection and dv might do

Question 32

stats on lone parents?

Answer 32

• 2015- nearly 2 mill lone parents w depedant children, in 1996- 1.6 mill
• increase of around 81,000 btw 2005, 2015
• lone parents with dependant children rep 25% of all families with dependant children in 2015.

Question 33

stats of lone parents men and women?

Answer 33

90% of lone parents = female
10%=male
=may be that refelctive on rise of divorce

Question 34

when do u ignore lone parents in exam?

Answer 34

q on divorce or financial orders not lone parents - theyre not a section of society u should ignore.

Question 35

stats on single person households?

Answer 35

2015 – 7.7 people living alone

58% are male

Question 36

what do the stats on single person show us?

Answer 36

Evidence on divorce men less likely to get remarried, those stats go into depth about age of male

Question 37

what about step families?

Answer 37

There are a large number of step-families

Question 38

Issue with stepfamiles?

Answer 38

Consideration needs to be given to the financial responsibility of the ‘new’ partner to stepchildren.- talk about this with financial orders- is it new fam obligation or old?- law doesn’t allow to not look after old. cant replace old w new.

Question 39

Note about gender assignment?

Answer 39

you are allowed to marry and remarry in new sex, not allowing this is breach of article 12 of the convention

Question 40

Purpose of the gender recognition act 2004?

Answer 40

This allows to marry in new sex..

Question 41

summary of this?

Answer 41

most people are either married, cohab or civil part- key points you need to think about individually when piut them together:

• ending rels
• financial orders
• married/unmarried fathers
• death
• tax implications

Question 42

Ending rels?

Answer 42

Only end civil & marriage & marriage w court order if cohab can simply move out. No formalities w cohab

Question 43

Financial orders?

Answer 43

Marriage and Civil can make financial orders, cohab = no powers in fam but does in land

Question 44

Married/unmarried fathers?

Answer 44

married to mother at time= automatic parental responsibility

Question 45

Death?

Answer 45

Die w will= estate goes to wife but cohab and die not right to nothing

Question 46

Tax implications?

Answer 46

if married you can get capital gains tax and inhertance tax relief but if cohab= no.

Question 47

difference with civil , m and c?

Answer 47

civil and m = formulated but if cohab= no legal safeguards!