FLP 2 - Void and Voidable Marriages

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Questions and Answers

What defines a void marriage according to the Women's Charter?

A marriage deemed invalid due to certain stipulated grounds. (correct)

Any marriage entered into under duress.

A marriage that has been solemnized but not registered.

A marriage where both parties are under legal age.

Which of the following is a ground for claiming nullity in a marriage?

One party's belief that the marriage is not valid.

The couple's mutual disagreement about future plans.

The couple living apart for more than one year.

One party being below the legal marriage age without a special license. (correct)

Which section of the Women's Charter prohibits marriages within certain degrees of relation?

Section 10 (correct)

Section 12

Section 11

Section 3

To prove irretrievable breakdown for divorce, which of the following is NOT a recognized fact?

Mutual agreement to divorce Signup and view all the answers

Which factor must the court consider when granting a divorce?

The interests of any children involved Signup and view all the answers

What limitation does Section 12 of the Women's Charter impose?

Marriages based on immigration advantages are prohibited. Signup and view all the answers

Which of the following statements about divorce is correct?

Irretrievable breakdown is the only ground for divorce. Signup and view all the answers

What must be proven by the applicant to establish desertion?

The deserting spouse's intention to desert for at least two years Signup and view all the answers

Which circumstance would likely negate the intention to desert?

Separation due to overseas posting for work Signup and view all the answers

What constitutes a reasonable cause for separation in the context of desertion?

Separation for job opportunities overseas Signup and view all the answers

What are the two essential elements required to establish desertion?

Living apart and intention to desert Signup and view all the answers

Which scenario best illustrates constructive desertion?

A spouse choosing to sleep in a separate bedroom while living at home Signup and view all the answers

What distinguishes a void marriage from a voidable marriage according to the Women's Charter?

A void marriage is void from the beginning, while a voidable marriage remains valid unless annulled. Signup and view all the answers

Which of the following is NOT a ground for voiding a marriage under Section 106 of the Women's Charter?

Absence of parental consent. Signup and view all the answers

What is the role of Section 107 in relation to a judgment of nullity?

It specifies the conditions under which the court may deny a judgment of nullity. Signup and view all the answers

Which ground for a voidable marriage involves the knowledge of a venereal disease by one party?

The defendant was suffering from venereal disease which the plaintiff was unaware of. Signup and view all the answers

In the context of a voidable marriage, what must happen for it to be considered valid?

It must be annulled by a judgment of nullity. Signup and view all the answers

What common ground is frequently relied upon by parties seeking annulment in the case of voidable marriages?

Willful refusal to consummate the marriage. Signup and view all the answers

Which condition does NOT contribute to the grounds for voiding a marriage as per Section 106?

The plaintiff was unaware of the defendant's previous marriage. Signup and view all the answers

Under Section 104 of the Women's Charter, who can seek a judgment of nullity?

The spouse in a void marriage. Signup and view all the answers

Which of the following scenarios describes a ground for annulment due to incapacity?

One party is mentally unfit for marriage. Signup and view all the answers

What is primarily assessed to determine if it is unreasonable for an applicant to live with a respondent?

The objective test of the applicant's reasonable expectations Signup and view all the answers

Which type of behavior can influence the court's assessment of reasonableness in living situations?

Both active and passive behaviors Signup and view all the answers

What must the applicant demonstrate to prove unreasonable behavior by the respondent?

Chronic financial irresponsibility or family violence Signup and view all the answers

Under what condition is the period of cohabitation disregarded when assessing unreasonable behavior?

If the duration is six months or less in total Signup and view all the answers

Which of the following is NOT considered relevant behavior in determining if the applicant can live with the respondent?

Allegations of past relationships Signup and view all the answers

What role does the personality of the individuals play in the court's decision?

It helps to determine if the objective test is satisfied Signup and view all the answers

In what way can a respondent defend against claims of unreasonable behavior?

By showing that the behavior was not significant enough Signup and view all the answers

How does the court typically classify the behavior of a respondent for assessment purposes?

As relevant to the marriage context Signup and view all the answers

Which implication does section 95A subsection 3 have on the assessment of unreasonable behavior?

It disregards short periods of cohabitation in evaluations Signup and view all the answers

What is the impact of a 12 months absence on the requirement of habitual residence?

It was deemed substantial and broke the three-year continuum. Signup and view all the answers

Under what circumstances can a writ for divorce be presented within the first three years of marriage?

In cases of exceptional hardship or depravity. Signup and view all the answers

In the case of Ng Kyi Shi and Phu Khao Phe, what was the husband's primary argument for exceptional hardship?

The wife exhibited abnormal behavior and threatened suicide. Signup and view all the answers

What was the lower court's ruling regarding the husband's claim of exceptional hardship?

It ruled that the wife's behavior justified the situation. Signup and view all the answers

What principle does Section 94 of the Women's Charter uphold?

To promote the sanctity and permanence of marriage. Signup and view all the answers

What did the High Court ultimately decide regarding the husband's case in Ng Kyi Shi and Phu Khao Phe?

The court acknowledged exceptional hardship suffered by the husband. Signup and view all the answers

Why did the lower court reject the husband’s claim of exceptional hardship?

They felt that marriage must be preserved at all costs. Signup and view all the answers

What behavior did the wife exhibit that contributed to the husband's claim of hardship?

She attempted to leave the marriage and threatened suicide. Signup and view all the answers

What did the High Court’s ruling suggest about the intent of Section 94 in the context of the husband's appeal?

It must not be used to undermine genuine cases of hardship. Signup and view all the answers

Which condition would NOT allow a writ for divorce to be filed within the first three years after marriage?

General discontent with the marriage. Signup and view all the answers

Study Notes

Takeaways

Nullity concerns void or voidable marriages with specific grounds for each.
Divorce hinges on irretrievable breakdown, proven by six factors: adultery, unreasonable behavior, desertion, separation, and other grounds.
Evidence of adultery, unreasonable behavior, desertion, and separation must be sufficiently conclusive for a divorce.
The court considers the interests of children and possibility of reconciliation during divorce proceedings.

Void Marriages

Section 105 of the Women's Charter outlines void marriages, invalid due to specified sections.
The first six listed sections in the slide deal with parties' capacity to marry each other according to the Women's Charter.
Muslim couples cannot marry under this Charter, which only recognizes monogamous unions.
Section 3, subsection 4, forbids marriages between Muslims.
Parties with existing marriages cannot marry another.
Individuals under 18 need special licenses if they wish to marry.
Marriages within prohibited degrees are disallowed.

Voidable Marriages

Voidable marriages are valid until annulled via a nullity judgment.
Section 106 of the Women's Charter lists grounds for voidable marriages.
Grounds include incapacity, willful refusal to consummate, mistake, duress, or unsoundness of mind concerning the marriage.
Mental disorder or venereal disease at the time of the marriage can also lead to a voidable marriage.
A spouse who was pregnant by another man may have a basis for challenging a marriage
Bars to nullity judgments are detailed in Section 107 under the Women's Charter.

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Description

Explore the complexities of void and voidable marriages under the Women's Charter. This quiz covers the grounds for divorce, the importance of evidence, and considerations for children during divorce proceedings. Test your understanding of legal marriage capacity and the specific sections outlined in the Charter.