Family Law Chapter 1
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Questions and Answers

What condition applies equally to marriages and civil partnerships?

  • Whether words need to be spoken to enter into the union
  • The parties' age
  • Whether the parties are within the prohibited degrees of relationship (correct)
  • The parties' religious beliefs

    • Can a couple who have lived together for five years or have children together have a common law marriage?

  • Only if they are in a civil partnership
  • Yes, with full property rights
  • No, they are not considered to be married (correct)
  • Yes, with limited property rights

    • On what grounds can a marriage be voidable?

  • If one of the parties is under the age of 18
  • If one of the parties is already married
  • If the marriage has not been consummated owing to the willful refusal of the respondent to consummate it (correct)
  • If the couple has been married for less than a year

    • What mistake would not allow a party to obtain a decree of nullity?

    <p>Mistake as to a person's name</p> Signup and view all the answers

    What is a requirement for a valid marriage?

    <p>The parties must not be within the prohibited degrees of relationship</p> Signup and view all the answers

    What is a ground for annulment of a marriage?

    <p>Either of the parties is under the age of 16</p> Signup and view all the answers

    In petitions based on desertion, what happens if the parties resume living together for a period or periods totalling less than six months?

    <p>The petitioner can still rely on desertion</p> Signup and view all the answers

    What is a requirement for obtaining a judicial separation?

    <p>The parties need to establish one of the five facts to prove irretrievable breakdown</p> Signup and view all the answers

    Who can obtain a separation order that is equivalent to judicial separation?

    <p>Both married couples and civil partners</p> Signup and view all the answers

    Who is not an associated person within s 62(3) Family Law Act 1996?

    <p>A family member of the couple</p> Signup and view all the answers

    What is not a statutory factor that a court will take into account in deciding on a financial award?

    <p>The income of the parties</p> Signup and view all the answers

    What does not result in the loss of parental responsibility?

    <p>Revocation of a residence order which was made in favour of a non-parent</p> Signup and view all the answers

    Study Notes

    Desertion and Resumption of Living Together

    • In petitions based on desertion, short periods of resuming living together (<6 months) do not prevent the petitioner from relying on desertion.

    Judicial Separation

    • Parties need to prove that the marriage has broken down irretrievably, but not that it has broken down irretrievably.
    • To prove irretrievable breakdown, parties need to establish one of the five facts.
    • Civil partners can obtain a separation order, equivalent to judicial separation.
    • Judicial separation allows the court to make orders relating to finances and children.

    Associated Persons

    • Under s 62(3) Family Law Act 1996, a cohabitant or former cohabitant with no right to occupy the property, and a civil partner or former civil partner with no right to occupy the property, are not associated persons.

    Occupation Orders

    • A cohabitant or former cohabitant with no right to occupy the property, and a civil partner or former civil partner with no right to occupy the property, cannot apply for an occupation order under the Family Law Act 1996.

    Pensions and Financial Awards

    • The court can make orders related to parties' pensions, but there is no specific order mentioned.
    • Statutory factors the court considers in deciding on financial awards include:
      • Age of parties and length of marriage
      • Fairness of outcome
      • Any conduct that would be inequitable to ignore

    Parental Responsibility

    • Revocation of a residence order made in favor of a non-parent does not result in loss of parental responsibility.
    • Domestic violence does not necessarily prevent a child arrangements order dealing with contact from being made.

    Local Authorities

    • There are duties imposed on local authorities, but specifics are not mentioned.

    Marriages and Civil Partnerships

    • Elements that apply equally to marriages and civil partnerships include:
      • Prohibition of parties within prohibited degrees of relationship
    • There is no "common law marriage" that allows property claims against one another in the event of a relationship breaking down.

    Voidable Marriages

    • Grounds for a marriage being voidable include:
      • Either party being under the age of 16
      • Marriage not being consummated due to the willful refusal of the respondent to consummate it
    • Mistake as to a person's name would not allow a party to obtain a decree of nullity on the grounds of mistake.
    • Being drunk and unable to consent to the marriage would permit a decree of nullity on the grounds of mistake.

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    Test your understanding of the basics of family law, including the requirements for marriages and civil partnerships. Explore the rules and regulations surrounding these unions and more.

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