Void/Voidable M/CP's

Question 1

what section deals with void marriages?

Answer 1

s.11 Matrimonial Causes Act 1973- grounds on which marriage is void

Question 2

what is the 1st ground?

Answer 2

Prohibited Degrees of Relationship

s.11(a)(i)

Question 3

what does it cover?

Answer 3

Covers those related by blood and by marriage.
e.g parent, grandparent, child, grandchild, aunt, uncle, niece, nephew if you can name that you cannot get into a rels with them, you can marry your cousin- reason behind this morally not right socially unacceptable biologically might be probs

Question 4

How is the law different with step children?

Answer 4

you can marry stepchild of a former spouse if they are aged 21 or over,child and the child has never been a child of the family, means tat the step parent could never have acted In parental role towards step child, e.g child 10 to 18

Question 5

How is the law different with adopted children?

Answer 5

adoption goes trhu birth family loses rights so no connection btw birth monther and child although social reasons cannot marry parent as blood related this protects people from sexual expolitation

Question 6

what is the 2nd ground under this act?

Answer 6

2. Under 16
   s.11(a)(ii)
   this reflects criminal law, sex child under 16 = criminal offence if under 16 seen as too young to really know what youre doing

Question 7

3rd ground?

Answer 7

3. Lack of Formalities

s. 11(a)(iii) – see Marriage Act 1949 s.25 and s.49

Question 8

4th ground?

Answer 8

Either party already married or in a civil partnership

s.11(b)

Question 9

5th ground for void?

Answer 9

5. Polygamous marriages
   s.11(d)
   No person domiciled in England and wales can enter into polyg marriage if not you are allowed to conduct your polg marriage in uk

Question 10

what about s.11c?

Answer 10

repealed snce same sex, as can now have same sex

Question 11

what are the 4 factors you look at for a void marriage?-summary of s.11?

Answer 11

1. formal ceremony- need formal cere & formalities
2. exclusivity- no other parties involved
3. adulthood- must be over 16
4. lack of prohibited rels- must be married to someone not close to u = void marriage

Question 12

what is s.11 for?

Answer 12

s.11- void

Question 13

Can a couple be prevented from marrying due to public policy reasons?

Answer 13

No
R (On the Application to the Crown Prosecution Service) v Registrar General [2003]
- not successful need to be a strong policy reason , very doubtful for an outstanding pol r

Question 14

Marriage Act 1949 void ceremonies?

Answer 14

• s 25 – Anglican Marriages only

Question 15

marriage void under this sec 25 if?

Answer 15

• ‘knowingly and wilfully’- show must intend to carry out act – tells u if u don’t intend to do it ur marriage is not void
• failure to carry out necessary preliminaries-Section 2 a b , section 2 a c –prelimianries- that u haven’t had banns read or filled out register properly

-marrying in a place that has not been approved for marriage-S 25 2 d knowingly willfuly I unapproved premises

-marriage not conducted by appropriate official-S 25 3 – married by someone that is not an appropriate official
S25 4 leave till later

Question 16

what does s.49 concern?

Answer 16

– concerns other marriages (civil ceremonies)- no church

Question 17

void under s.49 if?

Answer 17

Need intention
No notice
No certificate 
Not approved place (not certi)
Certificate expired

Question 18

what is s.25 and 49 for?

Answer 18

U can say about s 25 and 49 although longer slightly similar- THESE ARE VOID MARRIAGES ,

Question 19

what do you have to do to make it void?

Answer 19

You have to knowingfully and willingly to make it void,, Gereis v Yogoub [1997] – ‘knowingly and wilfully’ failed to comply with the law.

• Greek Orthodox Church wedding in unlicensed premises

, knew premises unlicensed, marriage void cause knew.

Question 20

Note about this?

Answer 20

Note:

Marriage (Same Sex Couples) Act 2013 (schedule 7, Part 2, paragraph 4) amended Marriage Act 1949, s 25

• same-sex couples cannot marry in a church

Question 21

Consequences of a void marriage?

Answer 21

so if you have void marriage- IT IS NEVER IN EXISTENCE logically there is nothing to bring to end but quirks of void marriage is you can get:
from

Question 22

what can you get?

Answer 22

• financial relief
• pension
• property

Question 23

what about the things you get in void marriage?

Answer 23

Even though m never in existence, u can bring a ct order to get fianncial r. no necc to get order to prove m void. but due to 1 proof. youre not married 2 gain fr. although dont have to it’s vital.

Question 24

what act relates to voidable marriages?

Answer 24

Matrimonial Causes Act, s 12

Question 25

in summary of Matrimonial Causes Act, s 12?

Answer 25

``` Non-consummation Non-Consent Mental Disorder Venereal Disease Pregnancy Gender Reassignment ```

Question 26

Difference between void and voidable?

Answer 26

voidable- in exitence until not, something slightly wrong, married but something makes them invalid, voidable=POTENTIAL void- never in existence because faulty

Question 27

1st ground of s.12?

Answer 27

``` 1. Non-Consummation s 12(a) and (b) ``` - Either incapacity or refusal of either party

Question 28

1a incapacity?

Answer 28

Incapacity of either party, either can apply.

Question 29

1b refusal?

Answer 29

you cannot rely on ur own refusal consummated, only other party,e.g u cant withold having sex with some 1 and claim marriage voidable has to be other p who werent engaged. -only applies to opp sex and same sexual

Question 30

refusal-only applies to opp sex and same sex according to which act?

Answer 30

MARRIAGE SAME SEX COUPLES ACT SCHED 4 PART 3 SUB SECTION 4 -outdated and not used as much

Question 31

2nd ground of s.12?

Answer 31

``` 2. Non-Consent s 12(c) ```

Question 32

what about true consent?

Answer 32

True consent is essentially comp (formalities) def of marriage- voluntary union , voluntary consent

Question 33

4 categories of non-consent?

Answer 33

(a) duress (b) mistake (c) unsound mind (d) otherwise.

Question 34

what is meant by a)duress?

Answer 34

Here you need to assess degree of duress, not was there. - if compel to duress, threats= duress.

Question 35

duress cases?

Answer 35

Law does diff distinc btw forced and arranged marriage as sen in case -B v I (Forced Marriage) [2010]-Forced Marriage (Civil Protection) Act 2007 -thought was going on hol but forced to marry cousin= forced.

Question 36

Test relating to duress?

Answer 36

Test in Hirani v Hirani (1982) “coercion by threats or other psychological means” No marriage without true consent 3 year window TEST: DID THE THREATS/FEAR/PRESSURE DESTROY THE REALITY OF CONSENT AND OVERBEAR THE WILL OF THE INDIVID-?- did the pressure destroy and di u feel no free will.

Question 37

what should we ignore when it comes to duress?

Answer 37

we should ignore threat itself & look at impact. e.g each coercion threat might not be its the impact, impact destroys the reality e.g hirani, threat ostricated in comm if not married= alters reality

Question 38

what did the family law act 1996 s.63 a 6 give?

Answer 38

“coercion by threats or other psychological means”

Question 39

what is teh 3 yr window for?

Answer 39

All void/voidable marriages law more sensitive with emotional pressure

Question 40

what is meant by b. mistake?

Answer 40

if there is mistake= not true consent it includes mistaken identity i.e think marrying a but marrying b, not enough age or wealth mistaken by ceremony- so if u go thru ceremony and dont realise= also enough , so has to be mistake about something material

Question 41

what is meant by c. unsound mind?

Answer 41

Consent- if u lack capacity no1 else can give it on ur behalf. Timing- have to be unsound mind at time of marriage not after Burden of Proof- on respondent Understanding the nature of marriage - for other party to prove and understand nature of m.

Question 42

understanding nature of m?

Answer 42

extract- the estate of park- have to understand youre entering marriage. truuuuee

Question 43

d. other reasons?

Answer 43

- Drukness-If go ceremony drunk- not giving consent as you can you can use your own intoxication to make marriage void - Fraud- tricking someone into marrying u which is diff for mistaken due to mental element.

Question 44

more ground to deal with matrimonal causes act 1973.

Answer 44

3. mental disorder 4. veneral diseas 5. pregnancy 6. gender reass

Question 45

what is meant by mental disorder?

Answer 45

In existence at the time of the marriage, not after, either party can suffer e.g lack of udnerstanding on obligations and duties of marriage, so at time giving consent, didnt really understand, what theyre doing= marriage voidable. similar to unsound mind but bit different. Unfit for marriage

Question 46

what is meant by veneral disease?

Answer 46

either party can have sti- other party must be aware and must have it at time of m. If know marrying some 1 with sti cant use this.

Question 47

what is meant by pregnancy?

Answer 47

at time of marriage | - woman who is preg by another man at time of m cant be toher way round. has to be woman to claim.

Question 48

what is meant by gender reass cert?

Answer 48

1st sit- pre marriage -a person already married, applies for interim certif and the other party can choose to annul/affirm 2nd sit- after m-Person reassigns before marriage but the other party is unaware – there is some overlap here with s.12(c) and the ground of mistake-If you change gender before marriage and other party unaware then you can apply for partition of anullty – need lack of knowledge pregnan same with stis

Question 49

Bars to Annulment?

Answer 49

s 13 MCA 1973 Burden of Proof s 13(1) Approval/Approbation s 13(1)-somebody acts to approve voidable ground, respondant has knowledge but leads other party to believe – aware of voidable ground but say to other party it doesn’t matter e.g before marriage man discovers wife preg by someone else, says don’t matter and gets married , he cant later try to annul marriage on ground of pregnancy Would it be unjust to annul the marriage? s 13(1)-would it be unjust to annul non religious grounds Financial consequences aswell may not annul marriage 3 year (reduced to 6 months for interim gender recognition certificate in s 12(g)) s 13(2) and (2A)-genral rule application must be made withi 3 years of the marriage unless you are relying on incapacity or refusal, if you rely on those 2 grounds 3 yr rule does not apply ,if youre relying on gender recog certifictte you have 6 months not 3 years ``` For grounds (e), (f) or (h) petitioner must be ignorant at the time of marriage s 12(3)-If you know someone has sti and then marry them cant then rely as that wouldn’t be fair Grounds e f h –pregnancy sti gender- highlight that sec ```

Question 50

In summary, a ceremony of marriage can either be?

Answer 50

  - a valid marriage - a voidable marriage - a void marriage - a non-marriage, a ceremony of no legal significance

Question 51

1st question you should ask in whole of family law?

Answer 51

is marriage valid?

Question 52

A little more on non-marriages…?

Answer 52

-no fr at all, no marriage at all, get nothing, so if been living with some1 for while and not married= consequences.

Question 53

what happened in the hudson v leigh case?

Answer 53

 1. whether the ceremony or event set out or purported to be a lawful marriage 2. whether it bore all or enough of the hallmarks of marriage 3. whether the three key participants believed, intended and understood the ceremony as giving rise to the status of lawful marriage 4. the reasonable perceptions, understandings and beliefs of those in attendance - Did they believe and other people?- and did it look like a marriage etc

Question 54

difficulties between void and non m?

Answer 54

look quite sim, if minor breach probs void, with non marriage it has to be done with ignorance, knowingfully dont apply w form

Question 55

a not of cohab?

Answer 55

Rise in those choosing to cohabit Absence of law – on formation and breakdown No legal status as a cohabitee – ‘common law spouse’- no rights How does the law treat children born to cohabiting couples?- there is law on children for cohab ‘Cohabitation Rights Bill’

Question 56

annulment & civil part?

Answer 56

Virtually identical Void Civil Partnerships (s 49 and s 3 Civil Partnership Act 2004)- if parties not same sex, if already in civil, if fail outside prohib degrees, formal req complied Voidable Civil Partnerships (s 50 Civil Partnership Act 2004- lack of consent, mental diso, ground rel to gender reass- consumm and sti missing for voiable grounds

Question 57

key words?

Answer 57

Divorce= valid marriage which after marriage needs to be brought to an end for a reason to have a divorce you need to have valid marriage –legal marriage brought to an end Annulment= if you say you want your marriage to be annulled, tells someone that your marriage is flawed in someway which entitles respoondant to say fundamental flaw to enables you to say void or voidable – INTERPRETTTTT IN EXAM TO GET HIGH Void marriage= marriage that never existed it is so badly flawed that it doesn’t exist but if u have void u can get finaicial relief , property order or pension, void marriage you are not married Voidable marriage- in existence until brought to an end Non marriage- so far from void that its nothing

Question 58

do you need ct order to end rels?

Answer 58

void-No but vital to get 1 | voidable-yes do need ct order

Question 59

Who can apply to have the marriage annulled?

Answer 59

void-Anyone can apply to have marriaege annulled | voidable-only parties to marriage – so public policy reasons

Question 60

  Can orders for financial relief be claimed?  

Answer 60

void-yes | voidable-yes