Formal (marriage, civil partnerships) and informal relationships
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What statute must be complied with when people look to marry/civil partnership?
Marriages Acts 1949-1994
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What are the requirements of a valid marriage?
Capacity, and formalities (complying with the statute law Marriages Acts 1949-1994
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What is an issue with the requirements of a valid marriage?
Too strict: parties might be discouraged from marrying if the formality requirement is too strict, and danger of a strict interpretation of the rules
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Information about a civil ceremony?
Must take place in a non-religious building, not allowed to sing hymns/most religious content
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What section deals with Registration?
S53 of the Marriage Act 1949
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What is a civil partnership?
It is not a marriage, needs to comply with the requirements, formalities differ: parties sign document in the presence of a registrar and two witnesses
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What are the consequences of failing to comply with the formalities?
1. No effect. 2. Annulment: marriage is void. 3. There is no marriage at all, a non-marriage
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What is a case example of a 'non-marriage'?
Alfonso-Brown v Milwood 2006 (different language at the ceremony, he had a lack of intention)
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What is a case regarding requirements indicating whether a marriage was a void or non-marriage
Hudson v Leigh 2009: Bodey J listed requirements
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Can a presumption of marriage arise?
If a couple live tog
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What sections deal with void and voidable marriages?
S11: void and S12: voidable (MCA 1973)
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What makes a valid marriage?
Capacity and meeting the requirements of formalities
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Other cards in this set
Card 2
Front
What statute must be complied with when people look to marry/civil partnership?
Back
Marriages Acts 1949-1994
Card 3
Front
What are the requirements of a valid marriage?
Back
Card 4
Front
What is an issue with the requirements of a valid marriage?
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