9. Families and Adult Relationships Flashcards Preview

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Flashcards in 9. Families and Adult Relationships Deck (21)
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1

What is a nuclear family?

Mother father genetic children

2

Who are the extended family

Blood and marriage relatives

3

What are the functions of family

Support and protection

4

What is marriage

Between same sex or different

5

What are the conditions?

Age
Forbidden decrees
No existing marriage
Capacity to marry
Domicile

6

What happens with consent?

Must have capacity. Becomes void if one person is incapax

Long v Long

Tries nullify marriage saying wife was mental defective, she was capax

7

What other exceptions?

Error and duress as per section 20 of the 1977 act

8

Case of duress?

Mahmood v Mahmood

Parents said they’re stop paying her anything if she didn’t get married. When they separated they refused, she won at court

9

What is a sham marriage?

See section 24 of immigration act 1999

10

What else?

1977 act covers all stuff, appropriate places, signing of marriage notice. Marriage schedule

11

What is the marriage schedule?

Both parties sign after the service and then registrar enter the details into the marriage register

12

Exception?

Some errors will not make marriage void like misspelling of names

13

Difference with civil partnerships?

Cannot take place on religious grounds but otherwise very similar

14

Who’s eligible?

Section 86 of 2004 act

15

How are they formed

Section 85 and on for registration

CP schedule rather than Marriage schedule

16

How nul?

Same as marriage

17

What is cohabitation?

S25 is 2006 act

Man and woman living together as husband and wife
2 persons of the same sex living together as civil partners

18

What’s different to marriage?

No date of beginning or dissolution.

19

What happens if it breaks down?

Court decides if there was cohabitation. S25-29 of family law act 2006

20

What will court look at

Length of time
Type of relationship
Shared accounts and such

21

Two cases?

Harley v Robertson

Financial claim allowed after only 7 months of co hab

M v T

When they cease to live like husband and wife it is over