Marriage and other family units 2 Flashcards Preview

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Flashcards in Marriage and other family units 2 Deck (47)
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1
Q

What are the one of the earlier definitions and the ones you should use?

A

Hyde v Hyde and Woodhouse (1866) - even though it is out of date it defines marriage

2
Q

What is the hyde definition?

A

‘the voluntary union for life of one man and one woman to the exclusion of all others

3
Q

what case is different and hyde?

A

Bellinger v Bellinger [2001]

4
Q

what is the difference between the two shortly?

A

Hyde v hyde= man and woman

Bellinger- definite absence of mention of parties/ sex

5
Q

what us the 2004 definition from?

A

Ghaidan v Godin-Mendoza

6
Q

What is the issue with Ghaidan v Godin-Mendoza?

A

it is now out of date because we now have same sex rels, marriage is something u formally get into and formally bring to an end.

7
Q

stats about marriage if its more popular than it used to be? & disadvantages of stats?

A
  • Marriage is still important- 1 marriage every 2 mins -2012
  • Marriage is still pop -5.3% increase people getting married in 2012 compared to 2011
  • many going for non relig ceremony so office etc stately home - 70% civil marriage 2012
  • 2nd marriages are very popular, people not getting married to late 30’s more uni people etc people want to be established first ,
  • Been a rise in older people getting married- partly to do with protection of pension

– people getting married in England wales, stats ignore those that are getting married abroad, no need to register if married abroad, many ppl go abroad noawadays

  • gives the impression that marriage is at the heart of family life, underpins society and rubbish bc what acutally is at the heart is children
  • Stats tell us marriage is strong but don’t tell us why people want to get married
  • marriage means diff things to different people, so depending on cultutal back u might have diff view on what marriage means
  • Breakdown of marriage - there is no such thing as a common law wife, cant get things if cohab. There is a body that feels we should treat those who are living together as though they are married and there is a cohab rights bill,
  • People now getting married later another one is rise in cohab- rise in cohab and with children too.
8
Q

what are the forms we will be talking about?

A

civil partnerships, marriage, cohabs

9
Q

when did the civil partnership act come into force?

A

civil partnership act 2004 ( in force 2005)

10
Q

what happened with couples since 2006 with same sex couples?

A

same sex couples ONLY are allowed to enter into civil same sex couples only

11
Q

Why did same sex couples enter into civil?

A

immensely popular as it was the only way formalising same sex relationships

12
Q

What do you get if formed civil with either your husband or your wife?

A

certain legal rights- almost same rights as marriage

13
Q

what can you still have?

A

you can still have civil it is good law you simply go through ceremony and u sign civil partnership document, and that document has legal signatures,

14
Q

what documents do you sign thru marriage compared to civil?

A

so you can only get married if you signed a marriage certificate, here u sign civil partnerships doc

15
Q

stat for 1st month?

A

month-1,857 (really pop) formed and over 10 day period,

16
Q

when was there a drop?

A

drop in 2015 bc of marriage same sex couple act- so civil less important, some still might do civil as feel marriage is religious

17
Q

marrige cermonies and civil cermonies?

A

marriage can either be religious and civil ceremony, civil only civil ceremony

18
Q

what do civil part have the same as marriages?

A

same formalities of entering into marriage,

  • not aloud to be brother/sisiter must be 18
  • must be sound mind etc
  • non rel ceremony only,
  • cant be civil part anywhere so have to use an approved venue, quite regulated
  • cant enter into civil part if unde 16 already married or in a civil part already, prohibited degrees, so not aloud to marry your autns uncles etc (this is talking about how they work)
19
Q

what act is for same sex marriages?

A

Marriage (Same-Sex) Couples Act 2013

20
Q

what is s1 of the act saying?

A

Extension of marriage to same sex couples, marriage of same sex couples lawful

21
Q

when did the first marriage take place?

A

29th march 2014= civil can convert to marriage

22
Q

stats for same sex marriages?

A
  • 10th December 2014 CPs can convert their CP to a marriage
  • 7,366 marriages between 29th March 2014 and 30th June 2015
    55% (4,059) – female couples
    45% (3,307) – male couples
23
Q

what can same sex marriages not be?

A

cant be a religious ceremony bc hyde v hyde- something called quadruple block which makes it not rel.

24
Q

what are same sex marriages and opp not much diff?

A

Not much diff apart from voidability of your marriage- void/voidable

25
Q

what does the law essentially ignore when it comes to this?

A

essentially the law ignores the sexual element of same sex marriages, so whether void/voidable ignore anything to do with the sex.

26
Q

is cohabitation on the rise?

A

is cohab on rise yes it is,

27
Q

stats for cohab?

A
  • 2015 there were 3.1m opposite sex cohabiting couples
  • there are 90,000 same sex make around 17% of all the families in the uk. cos alot have children
  • nearly 1/5 of pop cohab. 41%= opp sex= child, 3% - same
28
Q

what happens with the longer u cohab?

A

less likely to get married, usually longer, poorer & less academically qualified.

29
Q

what should a cohab couple do?

A

Unless cohab make special provisions, law treat it as: 2 individual people sharing house= implication on breakdown.

30
Q

difference between marriage and cohab with finances?

A
marriage= all finances look togev, you combine all assets
cohabit= seperate, no common law marriage, may have rights but in land law than marital obligation
31
Q

what are lone parents?

A

if lone part laws on divorce, financial orders dont really affect you, child protection and dv might do

32
Q

stats on lone parents?

A
  • 2015- nearly 2 mill lone parents w depedant children, in 1996- 1.6 mill
  • increase of around 81,000 btw 2005, 2015
  • lone parents with dependant children rep 25% of all families with dependant children in 2015.
33
Q

stats of lone parents men and women?

A

90% of lone parents = female
10%=male
=may be that refelctive on rise of divorce

34
Q

when do u ignore lone parents in exam?

A

q on divorce or financial orders not lone parents - theyre not a section of society u should ignore.

35
Q

stats on single person households?

A

2015 – 7.7 people living alone

58% are male

36
Q

what do the stats on single person show us?

A

Evidence on divorce men less likely to get remarried, those stats go into depth about age of male

37
Q

what about step families?

A

There are a large number of step-families

38
Q

Issue with stepfamiles?

A

Consideration needs to be given to the financial responsibility of the ‘new’ partner to stepchildren.- talk about this with financial orders- is it new fam obligation or old?- law doesn’t allow to not look after old. cant replace old w new.

39
Q

Note about gender assignment?

A

you are allowed to marry and remarry in new sex, not allowing this is breach of article 12 of the convention

40
Q

Purpose of the gender recognition act 2004?

A

This allows to marry in new sex..

41
Q

summary of this?

A

most people are either married, cohab or civil part- key points you need to think about individually when piut them together:

  • ending rels
  • financial orders
  • married/unmarried fathers
  • death
  • tax implications
42
Q

Ending rels?

A

Only end civil & marriage & marriage w court order if cohab can simply move out. No formalities w cohab

43
Q

Financial orders?

A

Marriage and Civil can make financial orders, cohab = no powers in fam but does in land

44
Q

Married/unmarried fathers?

A

married to mother at time= automatic parental responsibility

45
Q

Death?

A

Die w will= estate goes to wife but cohab and die not right to nothing

46
Q

Tax implications?

A

if married you can get capital gains tax and inhertance tax relief but if cohab= no.

47
Q

difference with civil , m and c?

A

civil and m = formulated but if cohab= no legal safeguards!