Chapter 2 - Formation of Adult Partnerships (Questions)

Question 1

What is a domicile of origin?

Answer 1

The default domicile obtained at birth

Married parents = father’s domicile at the date of birth

Unmarried parents = mother’s domicile at the date of birth

A domicile of origin will be kept until a another domicile is acquired.

Question 2

What are the requirements for a valid marriage?

Answer 2

1. Each party must have the capacity to marry in accordance with the law of his country of domicile.
2. The marriage must comply with the legal formalities that are in place in the country where the marriage is celebrated.

Question 3

What is the domicile of dependence?

Answer 3

If under 16, a person’s domicile will change with that of the parent on whom they depend. If the parents separate and the child continues to live with their mother, they will take her domicile.

Question 4

What is the domicile of choice?

Answer 4

A person aged 16 or over may acquire a domicile of choice by moving to another country with a settled intention of living there permanently.

Question 5

What are the the three requirements for capacity to marry (for anyone domiciled in England and Wales) accordance to the Matrimonial Causes Act 1973 and the Marriage Acts 1949 - 1994?

Answer 5

1. Neither party must be lawfully married or a civil partner already (s11(b) MCA 1973)
2. Both parties must be aged 16 or over (s2 Marriage Act 1949)
3. The parties must not be too closely related to each other. This is often expressed in MA 1949 by saying that the parties must noy be within the prohibited degrees of relationship.