The Law of Persons and Family Law Flashcards
What are the domicile of origin rules?
You must be a legitimate child born during the lifetime of your father, and you will have your father’s domicile of origin in the country in which your father was domiciled at the time of their birth
Or, you are a legitimate child not born during the lifetime of your father, or an illegitimate child, you will have the domicile of origin of the country in which their mother was domiciled at the time of their birth
What are the CGT and IHT consequences for a married couple should they separate and divorce?
The no gain/no loss rule will apply for CGT until the end of the tax year in which they separate. IHT transfers are exempt for so long as they are spouses.
True or false, the definition of child for tax purposes, includes foster children?
False
True or false, a polygamous marriage made in the UK is recognised for tax purposes?
False
What is stage 2 of the divorce process?
Response
What is the final stage of the divorce process?
Decree absolute
What are the 4 divorce stages?
Petition
Response
Decree nisi
Decree absolute
What is a domicile of choice?
Where an independent individual can acquire a domicile of choice by the combination of residence and intention of general and indefinite residence
What are the rules for an existing domicile?
An existing domicile is presumed to continue until it is proved that a new domicile has been acquired
True or false, domicile is a concept of the common law?
True
True or false, no individual can be without a domicile?
True
What is a civil partnership defined as?
A relationship based in contract between two individuals of the same sex (who are not married), which results in them becoming civil partners of one another in their having the same legal status and rights as a married couple
When is a marriage void?
If any of the requirements for a valid marriage have not been met
What is the correct number of years that a spouse has to be missing and presumed dead, for the High Court to make a declaration of presumed death?
7
True or false, the Public Guardian may be registered a power of attorney in England so that it will survive if the donor ceases to have mental capacity?
True
