Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Family Law > nullity > Flashcards

nullity Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Does nullity predate divorce?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which is more common- nullity or divorce?

A

Divorce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the statistics for divorce and nullity in 2011

A

345-nullity, 129,298- divorce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is the law for nullity restrictive?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the law for nullity

A

Matrimonial Causes Act 1973(Marriages) and Civil Partnership Act 2004 (Civil Partnerships)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between nullity and divorce?

A

Divorce is a broken down marriage, Nullity is not a valid marriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Reasons why nullity still exsists

A

It provides guidance on what makes a marriage valid, divorce is not acceptable to everyone. religious reasons. forced marriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Report for should nullity be retained?

A

Law commission no 33 1970

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why should nullity be retained?

A

Stigma attached to divorce, Time petition is longer for divorce than annullment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Legal annullment

A

no need for a divorce, annulled under the Matrimonial Causes act 1973 and civil partnership 2004

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Religious annullment

A

no need to meet legal requirement. must divorce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what does void marriage mean?

A

never valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what does voidable mean?

A

valid until avoided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Void marriage definition

A

is one that will be regarded as never having taken place. can be treated by both parties to it without the necessity of any decree annulling it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which case did the void definition come from

A

reneville v de reneville 1948

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a non-marriage?

A

They have no legal consequence and financial awards cannot be made to either party e.g. maintenance. Law is decided on case by case basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is need in a void marriage?

A

Do not need a decree, third parties can challenge validity, can marry another without having current marriage annulled.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When is a decree possible in a void marriage?

A

after death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is needed in voidable marriage?

A

decree necessary, third parties cannot challenge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

When is a decree possible in voidable marriage?

A

not possible after death, if die before the decree then marriage remains valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What section is the grounds for a void marriage found under?

A

S11 MCA 1973

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the grounds for a void marriage?

A

Prohibited degrees, age under 16 (need consent between 16 and 18 but marriage still valid), formalities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What section is the grounds for a voidable marriage found under?

A

S12 MCA 1973

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the grounds for a voidable marriage?

A

Incapacity of either party(hetrosexuals), wilful refusal(hetrosexual), no consent due to duress/mistake, mental health disorder, VD, pregnant by another, interim gender recognition certificate issued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What falls under incapacity?

A

Consummation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What does consummation do?

A

Distinguishes marriage from friendship, encourages reproduction and used to be important on religious grounds.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Who can petition under incapacity

A

Either party (harthan 1949), prevents adulterous relationships

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is the meaning of consummation?

A

sexual intercourse and penetration so only applies to hetrosexuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is not relevant in consummation?

A

orgasms, infertility, contraception, intercourse prior to marriage, lack of attention or dislike is not enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Can you petition on your own wilful refusal?

A

No

31
Q

What is relevant in wilful refusal?

A

History (ford 1987)

32
Q

What is a companionship marriage?

A

Agree not to consummate

33
Q

What happens if young couple in companionship marriage?

A

Able to annul for non-consumation

34
Q

What happens if its a sham marriage?

A

it still remains valid, once marriage is consummated it cannot be avoided

35
Q

What are the 4 circumstances that falls under lack of consent?

A

Duress, Mistake, Unsoundness of mind and or otherwise

36
Q

Duress(consent) Cases

A

Szechter 1971, Hirani 1982

37
Q

Definition of Duress-Hirani 1982

A

‘the threat or pressure such as to overbear the will of the individual petitioner so as to destroy the reality of consent’

38
Q

What must there be in duress?

A

evidence of threat or fear

39
Q

Are financial remedies available under duress?

A

No

40
Q

Who was the forced marriage unit set up by?

A

Home office and foreign and commonwealth office

41
Q

What act provides civil remedies for forced marriage?

A

Forced marriage(civil protection) act 2007

42
Q

What is the act that introduced forced marriage as an offence?

A

Antisocial behaviour, crime and policing act 2014

43
Q

What falls under mistake?

A

nature of ceremony or identity of other party. no other types would count

44
Q

Would mistake of attributes count ?

A

No

45
Q

Mistake of ceremony case

A

Mehta 1945- wife though the ceremony was conversion to hinduism not marriage

46
Q

Mistake of identity case

A

c v c 1942- wife thought husband was famous boxer, decree not allowed, this was an attribute and not identity

47
Q

Where must unsoundness of mind exist?

A

at the date of marriage

48
Q

Estate of park 1954

A

whether the person is capable of understanding the nature of the contract to which they are entering into

49
Q

Sheffield city council v E and S 2004

A

Don’t need to understand what they are getting into, must understand the nature of the duties and responsibilities attached to marrriage

50
Q

What falls under otherwise (consent)

A

could be one party unaware of facts or circumstances surrounding another, drink/drugs,

51
Q

What act does mental disorder definition come from

A

s1(2) mental health act 1983

52
Q

What is the definition for mental disorder

A

mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of the mind

53
Q

What must it make married life?

A

impossible- bennett v bennett 1969

54
Q

What are the requirements for VD

A

must be suffering at the time of marriage, petitioner must be ignorant of this

55
Q

Requirements of pregnancy per alium

A

petitioner must not be aware, must petition within 3 years of marriage

56
Q

What section does interim gender recognition fall under?

A

s12(g) Gender Recognition Act 2004

57
Q

When does it have to be issued? (gender recognition certificate)

A

after the time of the marriage. if unaware at the time of the marriage then it may be voidable

58
Q

When can either party apply (gender recognition)

A

within 6 months of marriage

59
Q

What falls under protected marriage?

A

couple can remain married after GRC but if they are civil partners then they can only continue if both choose to and both change their sex.

60
Q

What section does bars to decree of nullity fall under?

A

S13 MCA 1973

61
Q

What is the aim of bars to decree of nullity

A

To Prevent injustice

62
Q

What type of marriage does bars to decree of nullity apply to?

A

Voidable marriages

63
Q

Cases for bars to decree of nullity

A

D v D 1979

64
Q

D v D 1979

A

wife refused to consummate. H petitioned on wilful refusal. during marriage he adopted children indiciating marriage to continue. wife also wanted marriage to end so decree granted

65
Q

s13(2) MCA 1973

A

claims under c,d,e,f must be brought within 3 years

66
Q

S13(2a)

A

GRC, brought within 6 months

67
Q

S13(3)

A

no claims under e or f unless petitioner ignorant of the fact at the time of marriage

68
Q

What section will civil partnerships be void under

A

S49 CPA 2004

69
Q

what are the reasons to be void under CPA

A

not of the same sex, already married/civil partnership, under 16, prohibited degrees, formalities not complied with

70
Q

What section will civil partnerships be voidable under

A

S50 CPA 2004

71
Q

what are the reasons to be voidable under CPA

A

did not validily consent, mental health disorder, pregnant per alium, GRC, respondent is a person whose gender has become the acquired gender.

72
Q

Can non consummation and VD be grounds under civil partnerships

A

No

73
Q

What act is annulment of same sex marriage under?

A

MCA 1973

74
Q

What are the grounds for annulment?

A

Same as civil partnerships

Family Law (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions