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Questions and Answers
What condition applies equally to marriages and civil partnerships?
Can a couple who have lived together for five years or have children together have a common law marriage?
On what grounds can a marriage be voidable?
What mistake would not allow a party to obtain a decree of nullity?
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What is a requirement for a valid marriage?
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What is a ground for annulment of a marriage?
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In petitions based on desertion, what happens if the parties resume living together for a period or periods totalling less than six months?
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What is a requirement for obtaining a judicial separation?
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Who can obtain a separation order that is equivalent to judicial separation?
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Who is not an associated person within s 62(3) Family Law Act 1996?
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What is not a statutory factor that a court will take into account in deciding on a financial award?
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What does not result in the loss of parental responsibility?
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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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Description
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.
