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9 Cards in this Set
- Front
- Back
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Common Law Definition |
Hyde v Hyde and Woodmansee (1866) The voluntary union for life of one man and one woman to the exclusion of all others |
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Modern definition |
Bellinger v Bellinger (2004) a contract for which parties elect but which is regulated by the state, both in its formation and it's termination by divorce, because it affects status upon which depend a variety of entitlements, benefits and obligations |
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Valid marriage |
Couple must have capacity to marry and take the necessary legal steps to form a marriage |
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Capacity to marry |
Set out in s11 MCA 1973. Must not be too closely related. Cannot marry grandparent, parent, sibling, aunt, uncle, nephew, niece, as blood relatives. Cannot marry stepfather, stepmother or step grandmother or step grandfather under affinity. Must be at least 16 and although 16 to 17 year olds should get permission from parent marriage is still valid. Must not already be married or in a civil relationship. |
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Formalities |
Need to comply with requirements set out in Marriage Act 1994. Couples must give 16 days notice at register office or banns read out for CofE weddings. Civil weddings can take place in any registered building. Weddings abroad comply with their own formalities. Marriage should be registered but if not is still valid |
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Consortium |
Bundle of rights owed to parties following marriage including right to sexual intercourse in opposite sex marriages, company of spouse, mutual financial support during marriage and dissolution. |
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Void marriage |
Marriage never existed in the first place e.g. either party lacked capacity to marry or knowingly and wilfully failed to comply with certain formalities |
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Voidable marriage |
Valid marriage unless and u til declared void by court granting a decree of nullity and is treated as having existed until that date. Grounds under s12 MCA 1973. Marriage has not been consummated. One of parties did not consent because of duress or unsoundness of mind. One of the parties was suffering a mental health disorder. Either party got a GRC after marriage. One party was suffering from an STI. One spouse was pregnant by another. Legally acquired gender before marriage |
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Judicial separation |
Legal separation of the parties which does not end the marriage. Under s17 MCA 1973 no need to prove marriage has broken down irretrievably based on 5 facts of divorce. May be granted in first year of marriage. Releives parties of obligation to cohabit but they may not remarry. Court may still make financial and property orders but can't make pension sharing orders. Quite rare usually used for cultural and religious reasons |
