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Definition
Marriage without Children
lone parent households
cohabitating heterosexuals
civil partnership with or without children |
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Definition
| Must not be within degrees of relationship |
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| Marriage S Act 1977 s5(4)(b) |
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Definition
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Term
| Marriage S Act 1977 s5(4)(d) |
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Definition
| must have legal capacity to marry |
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Term
| Marriage S Act 1977 s5(4)(e) |
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Definition
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| She had been married against her will for 3 months. In the run up to her marriage, Mrs M had been told that if she did not marry Mr M then all financial support would be withdrawn and she would be sent to live in Pakistan. It was held that there was sufficient evidence of duress for the matter to proceed to a proof. Held that Mrs M’s parents had but undue pressure on her to marry that was beyond “proper parental influence.” Consent to marriage need not be “enthusiastic”, reluctant would suffice so long as it is genuine. |
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Term
| Sohrab v Khan 2002 SLT 1255 |
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Definition
A 19-year-old Muslim woman was married for 3 years and sought a Declarator of Nullity on the basis that she had been forced into consenting to get married, as her mother had threatened suicide and to send her home if she didn’t. It was found that the girl had succumbed to pressure and a Decree of Nulllity was granted.
Also authority to say that if a Marriage Schedule (Register) is not signed, marriage may be void. |
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| The pursuer, Mr Long, sought to nullify his marriage as at the time his wife was a ‘mental defective’. His action failed because the judge ruled that even if the defender was a ‘mental defective’ she still may have been capable of understanding the nature of marriage. He also required medical evidence – but when this was presented, it was found that Mrs Long DID understand the concept of marriage. |
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Term
| Immigration and Asylum Act 1999 s24(5) |
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Definition
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| Marriage S Act 1977 S20(A)(5) |
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Definition
| defines error as being as to the nature of the ceremony (e.g. if they though it was an engagement ceremony or wedding rehearsal) or a mistaken belief held by a person that the other party was the person they had agreed to marry |
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Definition
| Marraige can only be voidable if spouse is impotent at time of marriage. not sterility or refusual to have sex |
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Definition
Notice of Intention to Marry – S3 of 1977 Act
Public Display of Intention to Marry – S4
Celebrant S8
Objections to Marriage s5
Approved Venue s18 of 2002 Act expanded 1977 list of venues.
Marriage Schedule
Governed by S6 of 1977 Act |
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Term
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Definition
S1(2) – one of parties under 16 years of age
S23(A) – failure to comply with certain formalities
S2 – coming within the forbidden degrees of the relationship
S5(4)(B) – prior subsiding marriage of one or both marriages
S5(4)(E) – parties of the same sex
S20(C)(A) – lack of true consent (S20(A) of 1977 Act) |
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Term
| Civil Partnership Act 2004 s85(1) |
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Definition
| A civil partnership is formed when the Marriage Schedule is signed with a registrar, with two witnesses who are over 16 years of age. |
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| Civil Partnership Act 2004 s 86(1) |
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Definition
Partners must be of the same sex
they must not have relations to a forbidden degree
they must be over 16
they must not already be in a civil partnership or married
they must be capable of understanding a civil partnership |
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Definition
| An example of material changes in circumstance being taken into account! The Ahmeds divorced in 1994, then 10 years later the mother ordered that the father should pay more aliment due to the increased needs of the children. The aliment then varied in an upwards direction! |
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| Goodwin had been male and was now female. She challenged that her rights under Article 8 (right to found a family and what not) of ECHR were being compromised. In the EU courts it was held that there was a breach of Articles 8 and 12. This helped the breakthrough of the above act. |
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| Civil Partnership Act 2004 s87-100 |
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| Registration of civil partnership |
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Definition
| Void if partnership under duress |
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Definition
“next of kin” – in the case of a person incapax, who cannot consent on their behalf – the spouses/partners do not have an automatic right to consent, except if they have been granted power of attorney – Adults with Incapacities (Scotland) Act 2000
- S2(5)(1)(5) of 2000 Act – if a patient has no named person, the patient’s nearest ‘relative’ shall be that named person.
S2(5)(4)(2)(a) – the ‘nearest relative’ = the person’s spouse/civil partner. |
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