Marriage/Annulment

Question 1

Void marriages enable the court to?

Answer 1

Make financial orders
&
Redistribute property

Question 2

Factors for whether a marriage is void or a non marriage?

Answer 2

1. Lawful ceremony
2. Hallmarks of a marriage
3. Did the official believe it to be giving rise to a marriage?
4. Belief of those in attendance

Question 3

Voidable marriages exist unlike void marriages - how does one end a voidable marriage?

Answer 3

Get a court order - Whiston v Whiston 1995

Question 4

A child born to a void marriage is illegitimate - unless?

Answer 4

The parents believed they were married at the time of conception

Question 5

When determining if a marriage is void -

Answer 5

S11 - Matrimonial Causes Act 1973

Question 6

When determining if a marriage is voidable -

Answer 6

S12 - Matrimonial Causes Act 1973

Question 7

Annulling a voidable marriage -

Answer 7

S16 - Matrimonial Causes Act 1973

Question 8

Legal definition of marriage?

Answer 8

Hyde v Hyde & Woodhouse 1866 - The voluntary union for life of one man and one woman’

Most recent - Bellinger v Bellinger 2001