Marriage, Civil Partnership & Cohabitation

Question 1

Concept:
What are the 3 main relationship statuses discussed?

Answer 1

• Marriage (Formal legal status, MCA 1973)
• Civil Partnership (CP) (Formal legal status, CPA 2004, similar rights to marriage)
• Cohabitation (No specific legal status, relies on general law like contract/property/trust)

Question 2

Key Distinction:
Main difference in ＊financial remedies＊ on breakdown between ＊Marriage/CP＊ and ＊Cohabitation＊?

Answer 2

• Marriage/CP: Access to wide discretionary financial orders under ＊＊MCA s.25 / CPA Sch 5＊＊ (＊＊needs, sharing, compensation considered＊＊).
• Cohabitation: No access to MCA/CPA regime. Rely on property/trust law (＊＊TOLATA, Stack, Jones＊＊) －> focus on ownership/contributions, not usually needs/compensation.

Question 3

Statute - MCA 1973:
Matrimonial Causes Act 1973 (MCA) - Key Sections for Validity?

Answer 3

s.11: Grounds marriage is VOID (ab initio).
s.12: Grounds marriage is VOIDABLE (valid until annulled).
s.13: Bars to relief for voidable marriage.
s.25: Factors court considers for financial remedies on divorce.

Question 4

Statute - CPA 2004:
Civil Partnership Act 2004 (CPA) - Key Purpose & Features?

Answer 4

• Created formal legal status largely parallel to marriage (now for same-sex & opposite-sex couples).
• Similar formation/dissolution rules.
• Similar financial remedies on dissolution (Sch 5 mirrors MCA s.25 approach).
• Difference: Non-consummation NOT a ground for voidable CP.

Question 5

Statute - TOLATA 1996:
Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) - Relevance?

Answer 5

Key statute used to resolve property disputes between cohabitants.
Gives court powers (e.g., s.14 order for sale, s.15 factors to consider) based on underlying trust/property rights (Stack, Jones).

Question 6

Statute - MA 1949:
Marriage Act 1949 (MA) - Main Purpose?

Answer 6

Sets out the legal formalities required for different types of marriage ceremonies in England & Wales (notice, place, celebrant, witnesses, registration).
Failure may lead to void or non-marriage

Question 7

Concept - Void Marriage:
What is a VOID marriage? (MCA s.11)

Answer 7

• Invalid from the beginning (ab initio). Treated as if it never existed. No need for court decree (though declaration can be sought).
• Key Grounds: Prohibited degrees, under 16 (now 18 post-2022 Act), existing valid marriage/CP, 一夫多妻 polygamous marriage if party domiciled E&W.

Question 8

Concept - Voidable Marriage:
What is a VOIDABLE marriage? (MCA s.12)

Answer 8

Valid until annulled by a decree of nullity. Requires action by one party. Subject to bars (MCA s.13).
Key Grounds: Non-consummation (incapacity/wilful refusal), lack of valid consent (duress, mistake, unsoundness of mind), Venereal Disease, pregnancy by another, gender recognition issues (pre-GRA 2004 changes).

Question 9

Concept - Non-Marriage: What is a NON-MARRIAGE?

Answer 9

A ceremony that falls so far short of the legal requirements (formalities AND intent) that it doesn’t even create a void marriage. No legal consequences; no access to nullity/financial remedies. Key cases: Hudson v Leigh , MA v JA , A-G v Akhter & Khan.

Question 10

Hudson v Leigh [2009] - Principle?

Answer 10

Principle:
Established factors for non-marriage vs void marriage:
1. Did ceremony purport to be lawful?
2. Hallmarks of marriage?
3. Parties’/officials’ intent/belief?
4. Reasonable perceptions?
(Held: Ceremony intended only as blessing = non-marriage).

Question 11

A-G v Akhter & Khan [2020] - Principle?

Answer 11

(CA decision) Confirmed Nikah ceremony outside MA 1949 framework = non-marriage.
Cannot use HRA to convert non-marriage into void marriage to access financial remedies. Affirmed Hudson v Leigh.

Question 12

Sheffield CC v E & S [2004] - Principle?

Answer 12

Test for capacity to marry = understand the nature of the marriage contract and its duties/responsibilities.
Relatively low threshold門檻相對較低.
Relevant to MCA s.12(c) (unsoundness of mind).

Question 13

Hirani v Hirani [1983] - Principle?

Answer 13

Duress (vitiating consent, MCA s.12(c)) can include threats to social ostracism/family exclusion if they coerce the will (broader than just physical threats in Singh v Singh).

Question 14

Horton v Horton [1947] - Principle?

Answer 14

Defined ‘wilful refusal’ to consummate (MCA s.12(b)) as a “settled and definite decision come to without just excuse”.

Question 15

Stack v Dowden [2007] - Principle?

Answer 15

Cohabitant property dispute (JOINT NAMES):
- Starting presumption = joint beneficial ownership (50/50).

Rebuttable by evidence of different common intention based on whole course of conduct (holistic approach), not just finances. (Here, separate finances led to unequal shares).

Question 16

Jones v Kernott [2011] - Principle?

Answer 16

Cohabitant property dispute (JOINT NAMES): Affirmed Stack.

Added:
1. Common intention can change over time (‘ambulatory trust’).
2. If actual intention unclear, court can impute fair intention based on whole course of dealing.

Question 17

Lloyds Bank v Rosset [1991] - Principle?

Answer 17

Cohabitant property dispute (SOLE NAME):
Strict test for constructive trust:
1. Express agreement + detriment, OR
2. Direct financial contribution to purchase price/mortgage.
(Narrow approach, status debated post- Stack/Jones but still relevant for establishing initial interest).

Question 18

Inheritance difference: Marriage/CP vs Cohabitation?

Answer 18

Marriage/CP: Automatic rights under intestacy rules (AEA 1925). Strong claim under I(PFD)A 1975.

Cohabitation: NO automatic intestacy rights. Can claim under I(PFD)A 1975 (The Inheritance (Provision for Family and Dependants) Act 1975) but different basis.

Question 20

Inheritance difference: Marriage/CP vs Cohabitation?

Answer 20

Marriage/CP: Automatic rights under intestacy rules (AEA 1925). Strong claim under I(PFD)A 1975.

Cohabitation: NO automatic intestacy rights. Can claim under I(PFD)A 1975 but different basis.

Question 21

Tax difference: Marriage/CP vs Cohabitation?

Answer 21

Marriage/CP: Benefit from **Inheritance Tax & Capital Gains Tax exemptions* on transfers between them.

Cohabitation: No specific tax exemptions between partners.

Question 22

Parental Responsibility difference: Marriage/CP vs Cohabitation?

Answer 22

Marriage/CP: Father automatically has PR if married/in CP with mother at birth (CA 1989 s.2).

Cohabitation: Unmarried father does NOT get PR automatically. Must acquire via birth cert (post-2003), PR agreement (s.4), or court order.

Question 23

Home Rights difference: Marriage/CP vs Cohabitation?

Answer 23

Marriage/CP: Non-owning partner has statutory ‘home rights’ (occupy, prevent disposal) under FLA 1996 s.30. Registrable.

Cohabitation: No automatic statutory right. Rights depend on property ownership (TOLATA, Stack/Jones) or contractual licence (weaker).

Question 24

What is Section 13 of the Matrimonial Causes Act 1973 (MCA 1973) , and what is it for?

Answer 24

S.13 sets out specific circumstances where the court will refuse to grant a decree of nullity. It deals with Bars to relief where marriage is voidable.

Question 24

What is the purpose of Section 13 of the Matrimonial Causes Act 1973 (MCA 1973) , and what is it for?

Answer 24

The purpose of these bars is essentially fairness and preventing abuse of the nullity proces S.13 sets out specific circumstances where the court will refuse to grant a decree of nullity. It deals with Bars to relief where marriage is voidable.

Question 25

What is Section 13 of the Matrimonial Causes Act 1973 (MCA 1973) ,

Answer 25

To stop someone from ending a marriage on a voidable ground if: - ** s.13 (1): Approbation** - Main Bar. act like the marriage is fine when you know it's voidable and then suddenly try to annul it if it would be unfair to the other person. - **s.13 (2): Time Limits** - 3 years for grounds e.g. duress/mistake /unsoundness of mind, respondent suffering from mental disorder, respondent having VD, being pregnant by another at time of marriage; - **s.13(3): Knowledge** - applies to the grounds of VD (s.12(1)(e)) or pregnancy by another (s.12(1)(f)- knew about the respondent's VD or the pregnancy *at the time* of the marriage.