marriage unit 22. preview definition of marriage definition of marriage conditions for a valid...

Download Marriage Unit 22. Preview Definition of marriage Definition of marriage Conditions for a valid marriage Conditions for a valid marriage Bars to marriage

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  • Slide 1
  • Marriage Unit 22
  • Slide 2
  • Preview Definition of marriage Definition of marriage Conditions for a valid marriage Conditions for a valid marriage Bars to marriage Bars to marriage Void and voidable marriage Void and voidable marriage Cases Cases Legal terms Legal terms Exercise Exercise
  • Slide 3
  • Definitions The legal union of a couple as a husband and wife The legal union of a couple as a husband and wife A contract based upon a voluntary private agreement by a man and a woman to become husband and wife A contract based upon a voluntary private agreement by a man and a woman to become husband and wife
  • Slide 4
  • Definition by Lord Penzance (Hyde v. Hyde) A voluntary union for life of one man and one woman to the exclusion of all others A voluntary union for life of one man and one woman to the exclusion of all others
  • Slide 5
  • Conditions for a valid marriage 1) parties legally capable of contracting to marry 1) parties legally capable of contracting to marry 2) mutual consent or agreement 2) mutual consent or agreement 3) an actual contract in the form prescribed by law 3) an actual contract in the form prescribed by law
  • Slide 6
  • Conditions for a valid English marriage A valid English marriage must be: A valid English marriage must be: 1) voluntary 1) voluntary 2) for life 2) for life 3) monogamous 3) monogamous
  • Slide 7
  • For life? Machinson v. Machinson: at the initiation of marriage the intention of the parties must be union for life Machinson v. Machinson: at the initiation of marriage the intention of the parties must be union for life
  • Slide 8
  • Bars to marriage Youth (the age of consent; now 18, in the past 21) Youth (the age of consent; now 18, in the past 21) Consanguinity (close blood relation) Consanguinity (close blood relation)
  • Slide 9
  • Void marriage If either party is under sixteen If either party is under sixteen If parties are related by blood: If parties are related by blood:
  • Slide 10
  • Age of Majority The Family Reform Act of 1969 has lowered the age of majority to eighteen The Family Reform Act of 1969 has lowered the age of majority to eighteen
  • Slide 11
  • Youth as a bar to marriage If one of the parties is 16 or over, but under 18, any marriage performed will be valid if the consent of both parents (or the parent who has custody if they are divorced) is obtained before the marriage is solemnized If one of the parties is 16 or over, but under 18, any marriage performed will be valid if the consent of both parents (or the parent who has custody if they are divorced) is obtained before the marriage is solemnized The consent need not be given in any particular form; in the absence of positive dissent it will be implied The consent need not be given in any particular form; in the absence of positive dissent it will be implied
  • Slide 12
  • Consanguinity 1. Ascendants and descendants, e.g. parent and child, grandparent and grandchild 1. Ascendants and descendants, e.g. parent and child, grandparent and grandchild 2.Brother and sister, uncle and niece, nephew and aunt 2.Brother and sister, uncle and niece, nephew and aunt
  • Slide 13
  • Affinity The relationship created by marriage between a husband and his wifes blood relatives or between a wife and her husbands blood relatives The relationship created by marriage between a husband and his wifes blood relatives or between a wife and her husbands blood relatives
  • Slide 14
  • Marriage Act 1986 A man may not marry his grandmother, aunt or niece A man may not marry his grandmother, aunt or niece A woman may not marry her grandfather, uncle, or nephew A woman may not marry her grandfather, uncle, or nephew
  • Slide 15
  • Marriage Act, 1986 A man may marry his mother-in-law if his former wife and his former wifes father are both dead A man may marry his mother-in-law if his former wife and his former wifes father are both dead
  • Slide 16
  • Bigamy A marriage celebrated between two persons, one of whom is at the time validly married, is void A marriage celebrated between two persons, one of whom is at the time validly married, is void The person who knowingly enters into such a marriage is guilty of bigamy The person who knowingly enters into such a marriage is guilty of bigamy
  • Slide 17
  • Voidable marriage Valid initially, but may be set aside because of: Valid initially, but may be set aside because of: Lack of due consent Lack of due consent Duress (coercion) Duress (coercion) Mistake as to identity Mistake as to identity Mental incapacity (unsound mind) Mental incapacity (unsound mind)
  • Slide 18
  • Marriage as a contract Marriage is not like other contracts because the parties: Marriage is not like other contracts because the parties: 1)cannot agree on the rules governing marriage 1)cannot agree on the rules governing marriage 2)cannot agree what is to be regarded as a breach of contract, nor what compensation should be paid in case of such a breach (a different type of contract: prenuptial agreement) 2)cannot agree what is to be regarded as a breach of contract, nor what compensation should be paid in case of such a breach (a different type of contract: prenuptial agreement) 3) no time limit (must be for life) 3) no time limit (must be for life)
  • Slide 19
  • Hyde v Hyde and Woodmansee (1866) Mr and Mrs Hyde married in the Mormon community in Utah, which practised polygamy. He left the community, renouncing the Mormon faith. The authorities passed a sentence of excommunication against him and declared that his wife was free to marry again. She contracted a marriage with Mr Woodmansee in Utah. Mr Hyde sought divorce in the English courts Mr and Mrs Hyde married in the Mormon community in Utah, which practised polygamy. He left the community, renouncing the Mormon faith. The authorities passed a sentence of excommunication against him and declared that his wife was free to marry again. She contracted a marriage with Mr Woodmansee in Utah. Mr Hyde sought divorce in the English courts
  • Slide 20
  • Hyde v Hyde Lord Penzance: the marriage would not be recognised by the English courts, even for the purpose of granting a divorce. Marriage, as understood in Christendom, maybe defined as the voluntary union for life of one man and one woman, to the exclusion of all others Lord Penzance: the marriage would not be recognised by the English courts, even for the purpose of granting a divorce. Marriage, as understood in Christendom, maybe defined as the voluntary union for life of one man and one woman, to the exclusion of all others
  • Slide 21
  • Deficiences Does not identify how marriage is different from cohabitation Does not identify how marriage is different from cohabitation Not all marriages will last for life Not all marriages will last for life A lack of sexual exclusivity does not affect the marital status of the parties (although adultery may lead to divorce) A lack of sexual exclusivity does not affect the marital status of the parties (although adultery may lead to divorce)
  • Slide 22
  • B and L v UK 2006 A relationship developed between B and L, the latter being Bs former daughter-in-law. The marriage between L. and Bs son, C, had already ended by divorce, as had that between B and Cs other parent, A. A relationship developed between B and L, the latter being Bs former daughter-in-law. The marriage between L. and Bs son, C, had already ended by divorce, as had that between B and Cs other parent, A. B. and L. wanted to marry, but were informed they would be unable to do so until both C and A were dead. B. and L. wanted to marry, but were informed they would be unable to do so until both C and A were dead.
  • Slide 23
  • Held (ECHR) In placing such restrictions on the right to marry, UK law was in violation of Art. 12 of the European Convention on Human Rights In placing such restrictions on the right to marry, UK law was in violation of Art. 12 of the European Convention on Human Rights
  • Slide 24
  • Article 12: Right to marry Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right
  • Slide 25
  • Results The government has taken steps to bring the law into conformity with the Convention The government has taken steps to bring the law into conformity with the Convention Once the relevant order takes place, it will be possible for a man to marry his former daughter-in-law (or a woman her former son-in-law) without the necessity of the parties waiting for the deaths of their former spouses Once the relevant order takes place, it will be possible for a man to marry his former daughter-in-law (or a woman her former son-in-law) without the necessity of the parties waiting for the deaths of their former spouses
  • Slide 26
  • Hirani v Hirani 1984 The petitioner: a 19-year-old Hindu girl. When her parents discovered she had a relationship with a Muslim man, they ordered her to break it off and marry a man of their choosing or else leave home. She went through the marriage but then petitioned for nullity on the basis

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