Chapter 13: Family Law Flashcards
(14 cards)
Law of Domicile
What Must an Individual’s Domicle Relate?
To a Territory Subject to a Single System of Law.
UK Domicile is Not Legally Correct.
Law of Domicile
What Law is Domicile Determined?
English Law
Types of Domicile
An Individual’s Domicile of Origin is:
Their Father’s Domicile at Birth.
Unless Their Parents Were Unmarried or the Father Died Beforehand
Types of Domicile
What Age is Domicile of Dependency Not Mandatory?
16.
Types of Domicile
What Factors Affect an Individual’s Domicile of Choice?
Residence and Intention to Stay.
Animus Manendi
“Residence” Means Physical Presence in a Territory as an Inhabitant of it.
Marriage and Civil Partnership
What is a Civil Partnership?
A Relatonship Based in Contract Between Two Individuals of the Same Sex.
Same Legal Status and Rights as a Married Couple.
Marriage and Civil Partnership
Marriages are Void Due to the Following:
- No Valid Consent
- Mental Disorders
- Women Pregnant by Someone Else
- Gender Re-Assignment Certificate - Other Party Unaware
- Failure to Consummate
- Communicable Venereal Disease
Divorce and Dissolution
When Can a Petition for Divorce/Dissolution be Made?
After the First Year of Union.
Divorce and Dissolution
What is the Sole Ground for a Divorce/Dissolution to be Granted?
The Union Has Irretrievably Broken Down.
Divorce and Dissolution
The Divorce/Dissolution Process Has Four Main Stages:
- A Petitionis Filed (with Reason)
- Other Party Responds
- Court - Decree Nisi
- Court - Decree Absolute
A Decree Absolute is Usually Issued Six Weeks and One Day After a Decree Nisi.
Divorce and Dissolution
What is a Mesher Order?
An Order to Delay Sale of Matrimonial Home on Divorce Until a Certain Event Happens.
Often Youngest Child Reaching a Certain Age.
Powers of Attorney
What is a Lasting Power of Attorney?
A Legal Document Which Allows One Person to Make Decisions on Another Person’s Personal Welfare, Property and Affairs.
Creates an Agency
Powers of Attorney
When is a Power of Attorney Active?
When Registered with the Public Guardian.
Powers of Attorney
A Donee’s Appointment is Terminated if:
- They Disclaim it, Die or Lack Capacity
- They’re Declared Bankrupt, Subject to a Debt Relief Order or Removed by the Court
- A Marraige/Civil Partnership Between the Donor and Donee is Dissolved or annulled
