The law on Marriage

Question 1

What is the case stating Marriage was originally Heterosexual

Answer 1

Hyde v Hyde

Question 2

Definition of Marriage as per the Marriage act 2015

Answer 2

The voluntary legal union of one person to another provided the union is solemnised

Question 3

Murray v Ireland

Answer 3

Life long relationship

Question 4

history

Answer 4

canon law, brehon law, Family law act 95, Civil registration act 2004, Marriage act 2015

Question 5

Right to Marry

Answer 5

Art 40.3.1- an unenumerated personal right
Art 41.3.1- Family RIght
Not an absolute right is restricted

Question 6

Engagement; a breach of contract

1 Act, 1 Case

Answer 6

Family law act 1981 S2- breach

Ennis v Butterly 97- Not a breach not as important as marriage

Question 7

1. Rights flowing from marriage - Privacy

Answer 7

Mc Gee v Att gen- Family Planning

Question 8

2. Rights flowing from marriage - Procreate

Answer 8

Murray v Ireland- not absolute, 2 convicts

Question 9

3. Rights flowing from marriage- income tax

Answer 9

Murphy v Att Gen- Attack on marriage to up tax

Question 10

Institutionalisation of Marriage

Answer 10

recorded by HSE Civil registration service

The general registrar- An tArd Charaithoeir

Question 11

Types of weddings

Answer 11

1. Civil Ceremony
2. Religious Ceremony
3. Secular Ceremony

Question 12

Who can conduct a Marriage

Answer 12

CRA 04- only licensed, licenses held in the general registrars office

Question 13

Notification of marriage

Answer 13

must pay fee 200£ to general registrar and both parties must attend to give 3 months notice

Question 14

notification for marriage for civil partnership

Answer 14

5 days as per Marriage act 15 S9

Question 15

Must be in public exception?

Answer 15

ill health

Question 16

witnesses to marriage

Answer 16

18+ and credible

Question 17

the formal announcement at the wedding?

Answer 17

no legal obstructions and accept each other as husband/wife

Question 18

IE v WE [1985]

Answer 18

no compliance with wedding in public, both parties must be aware of defect at time to make marriage null

Question 19

6 impediments to marriage

Answer 19

full, free, informed consent 
capacity- Marriage of lunatics act 
Age- 18+
Prior 2015- same-sex illegal 
Bigamy 
Degree of separation

Question 20

Domestic Violence act 2018 S38

Answer 20

the offence of forced marriage

Question 21

Assisted decision making (capacity) act 2015

Answer 21

allows marriage without consent in circumstance

Question 22

Age of consent

Old act and section , new act

Answer 22

family law act 95 s 31 only one 18

changed- DV act 2018 minimum 18 both parties

Question 23

Same-Sex Marriage const amendment

Answer 23

34th amendment 2015

Question 24

Bigamy act

Answer 24

offence against the person act 1861 s 57 makes marriage void

Question 25

Foreign Marriage case

Answer 25

Hamza v minister for justice- valid in country of origin= valid in ireland

Question 26

HAH v SAA 2017

Answer 26

Polyamorous valid in COO, 2nd marriage found invalid in ireland although status is unclear

Question 27

Prohibited Degrees; O'Shea v Ireland

Answer 27

not blood related, can marry through those related by marriage- dead wife sister

Question 28

EU RIght to marriage and family

Answer 28

Art 12 convention of human rights | Art 9 Charter of fundamental

Question 29

Transgender 3 cases, 1 legislation

Answer 29

Corrbett v Corbett- void Foy v tArd- change birth cert Goodwin- failed Gender Recognition Act 2015

Question 30

broken engagement

Answer 30

actionable within 3 years for damages of gifts, property etc- equitable