Family, Marriage and Other Relationships

Question 1

What are the two types of a traditional family structure?

Answer 1

Nuclear Family (husband, wife and children) and Extended Family (the nuclear family plus other family members)

Question 2

What is the Fields and Casper’s 2001 Definition of a family?

Answer 2

‘Two or more people related by blood, marriage or adoption AND living in the same residence.’

Question 3

Mr Justice Munby reasons for changes in family life:

Answer 3

Changes in social and religious life, decline in marriage and ease of divorce, change in attitudes to same sex relationships and advances in medicine and reproductive techniques.

Question 4

Gammans v Etkins [1950] KB 328 CA defines what a family is, what was stated in the case?

Answer 4

The couple were unmarried but regarded as Husband and Wife by others. When she died the tenancy could not be passed to him as they weren’t ‘family members’ The judgements were deemed controversial.

Question 5

Is marriage still supported in the same way?

Answer 5

To some extent; Cohabitee’s rights and Tax Advantages for married couples.

Question 6

The courts started to recognise unmarried couples as families in the cases Watson v Lucas [1980] 1 WLR 149

Answer 6

The man remained married to his wife and then set up home with another woman. She was able to succeed to the tenancy because of the ‘lasting relationship’. They were family.

Question 7

Chio Property Investment Ltd v Lopez (1987) 20 HLR 210

Answer 7

Miss Lopez lived with a man who was the tenant of the property. She was able to take over the tenancy as there was ‘sufficient state of permanence and stability’ in their relationship for them to be family.

Question 8

Gay Couples; Fitzpatrick v Sterling Housing Association Limited [2000] 1 FCR 21 HL

Answer 8

Held: ‘A degree of mutual inter-dependence of the sharing of lives, or caring and love, or commitment and support’ and not a ‘transient superficial relationship.’ They were family.

Question 9

Medoza v Ghaidan [2004] AC 27 HL

Answer 9

Was found that they could be treated as if they were husband and wife.

Question 10

What are the three major developments in family law?

Answer 10

The Gender Recognition Act 2004. The Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2013.

Question 11

Benefits of Family Life

Answer 11

Emotional Support. Gives Identity. Benefit to Society. Protection from Powerful Organisations. Protects Children.

Question 12

Disadvantages of Family Life

Answer 12

Abuse. Exploitation. Self Interest.

Question 13

What are the changes in family law?

Answer 13

Children are given more rights and have a ‘voice’. The traditional roles of mother and father have changed. More people now choose to cohabit. There is now a legal recognition of same sex relationships.

Question 14

What is the United Nations Convention on the Rights of the Child 1989?

Answer 14

Sets out children’s rights to be safeguarded.

Question 15

What is the European Convention on Human Rights and the HRA 1998?

Answer 15

Responsible for some changes to family law. Articles 8 and 12 are particularly relevant.

Question 16

What are the other 4 articles relevant to the family home?

Answer 16

Article 3- Prohibits torture and inhuman or degrading treatment.
Article 5- The right to liberty and security of person.
Article 14- The right to non- discrimination.
Article 6- The right to a fair trial.

Question 17

What is the act that has arose from legal aid and family law?

Answer 17

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

Question 18

What circumstances would you be able to get legal aid?

Answer 18

Domestic Violence
Forced Marriage Injunctions
Allegations of Child Abuse
Child is Party to Proceedings
There are exceptional circumstances.

Question 19

What are the consequences of the legal aid cuts?

Answer 19

More mediation needed instead of court.
Rise in the number of litigants in person.
More pro-bono needed.

Question 20

What are the benefits of the cuts?

Answer 20

Legal aid budget reduced.
It may encourage settlement by ADR rather than court.
Pro Bono opportunities for students.

Question 21

The disadvantages of the cuts?

Answer 21

Solicitors may have encouraged an out of court settlement.
LIP’s cannot represent themselves as well as a lawyer.
Cases may take longer.
Judge’s time is wasted as they explain court procedure and they may have to cross examine witnessess.

Question 22

Concerns on the rise in LIP’s

Answer 22

Since the reforms came into force, 80% of all the family cases Jan-March 2014 had at least one unrepresented party.

Question 23

What is the classic definition of marriage?

Answer 23

‘May be defined as the voluntary union for life of one man and one woman to the exclusion of all others’ Hyde v Hyde (1866) LR 1 P & D 130

Question 24

Nachimson v Nachimson (1930)

Answer 24

Couple married in Moscow. Marriage could be terminated by one party giving notice. Valid marriage as they intend it to be life.

Question 25

Corbett v Corbett (1969) 113 S.J 982

Answer 25

No longer has to be a man and women. The wife has surgery in 1960 and married a man in 1963. The marriage was annulled as they were not ‘one man and one woman’

Question 26

Who is April Ashley?

Answer 26

First Brit to undergo a sex change and awarded a MBE for services to transgender equality in June 2012.

Question 27

Cossey v UK (1991) 2 FLR 492

Answer 27

The marriage was declared void as the wide had gender reassignment surgery. Argued violation of Article 8 and 12. Rights only applied to the people of the opposite biological sex.

Question 28

Goodwin v UK (2002) 2 FLR 487 and I v UK [2002] 2 FLR 518

Answer 28

ECHR held that inability to amend sex on birth certificates was a breach of Article 8 and 12.

Question 29

Bellinger v Bellinger [2003] UKHL 21

Answer 29

Marriage was held not to be valid as wife had undergone reassignment surgery. Court of Appeal agreed. Wife appealed to the House of Lords which made a declaration of incompatibility.

Question 30

Gender Recognition Act 2004

Answer 30

Trans gender person can apply for a gender recognition certificate. This can be full or intern( if married on in a civil partnership)

Question 31

What is Section 1 of the Gender Recognition Act 2004?

Answer 31

Legal recognition of new gender.

Question 32

What is an interim certificate?

Answer 32

If you are married or in a civil partnership.

Question 33

What is a full certificate?

Answer 33

Full when marriage or civil partnerships ends or if it is protected relationship.

Question 34

What are the reasons that caused a review of Gender Recognition Act?

Answer 34

Concerns that changing gender is distressing with emphasis on medical history. It is not a mental illness.

Question 35

What did the government want to do about the review of the Gender Recognition Act?

Answer 35

The government wants to conduct a review to consider removal of unnecessary requests for gender information.
Improve the way people are supported with training for NHS staff.
Tackle harassment and bullying in higher education.

Question 36

Marriage (Same Sex Couples) Act 2012

Answer 36

Same sex couples can marry. Church of England and Wales are forbidden from conducting such marriages. Other religions can choose.

Question 37

Who can marry?

Answer 37

Marriage is now permitted between same sex couples.
They must not be married/ in a civil partnership.
Aged over 16.
Appropriate consent must be given if under 18.
They must not be within prohibited degrees of relationship (for example certain blood relations (consanguinity) and certain relations by marriage (affinity).

Question 38

Family Law Reform Act 1969

Answer 38

Lowered age of consent.

Question 39

What is consanguinity?

Answer 39

Blood relations.

Unacceptable and risk of birth defects.

Question 40

What is Affinity?

Answer 40

Relationships by marriage

Question 41

How have the Affinity rules relaxed?

Answer 41

Step-parent/ step- children can marry if both over 21 and younger one never treated as children of the family.
Parent/ Son / Daughter in law can marry if over 21 and spouses have died.

Question 42

B and L v UK [2005] 3 FCR 353

Answer 42

Man wanted to marry daughter in law. Held law interfered with Article 12 Rights.

Question 43

What are the formalities of marriage?

Answer 43

Parental Consent.
Licence Required.
Approved Premises.

Question 44

What is the Law commission paper called that called for reform of marriage laws?

Answer 44

Law Commission Scoping Paper.

This stated that the law does not meet demands of people who want to get married.

Question 45

What did the Law Commission Scoping Paper state?

Answer 45

The law does not cater adequately for the many faiths and non-religious beliefs that make up the 21st century.

Question 46

What is the difference between civil partnership and same sex marriage?

Answer 46

Civil partnership- Sign register, no religious ceremony, the Civil Partnership Act 2004 applies.
Same Sex Marriage- state vows, religious ceremony permitted under some circumstances, the couple divorce, the Matrimonial Causes Act 1973 applies.

Question 47

Wilkinson v Kitzinger v Lord Chancellor [2006] EWCH 2022

Answer 47

Lesbian couple who had married in Canada failed to have their marriage recognised in this county. It was held to be a civil partnership as a marriage can only be between a man and woman.

Question 48

Equality Act 2010

Answer 48

This was a drive for change. Pressure for change, civil partnerships can be converted.

Question 49

Can different sex couples enter a civil partnership?

Answer 49

No, only same sex couples can enter into a civil partnership.

Question 50

Should family members be allowed to enter a civil partnership? Burden v Burden v UK [2007] 1 FCR 69

Answer 50

Two sisters jointly owned their home. They argued that it was discriminatory not to allow them to enter into a civil partnership. Claim rejected.

Question 51

What country since July 2016 has allowed opposite sex couples to enter a civil partnership?

Answer 51

Isle of Man.

Question 52

Cohabitants are protected under which laws?

Answer 52

Domestic Violence legislation- Family Law Act 1996.
Inheritance (Provisions for Family and Dependants) Act 1975 and the Fatal Accidence Act 1975.
Inheritance (Cohabitants) Bill HL 2012-2013- rejected by government.
Tenancy Rights.

Question 53

What is the main problem with cohabitation?

Answer 53

Cohabitants are not treated the same as married couples/ civil partners when their relationship breaks down.