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Mapa mental

Misc. Marriage Topics (England and Wales)

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Misc. Marriage Topics (England and Wales)

  1. Non-Compliance with Marital Proceedings

    • Valid - if non-compliance is relatively minor then validity of marriage probably not affected (see s.48 MA 1949)
    • Void - if non-compliance is of a specified nature and is "knowing and wilful" (see nullity of marriage)
    • Non-Marriage - if non-compliance is of a specified nature and is not "knowing and wilful"
      • Hudson v Leigh [2009] EWHC 1306 (Fam)
        • Dispute over religious ceremony, settled for religious ceremony in South Africa where male had a second home, to be proceeded by civil ceremony in England
          • Marriage broke down during period between two ceremonies
        • Was there a marriage which was simply void, or no marriage at all?
        • Would the ceremony constitute a marriage in South Africa?
        • Cleric and parties both understood ceremony was not to constitute an actual marriage despite guests not being aware of this
          • Possible to have a non-marriage rather than a void one as submitted by male's counsel
            • e.g. where parties pursue a full wedding rehearsal
  2. The Presumption of Marriage

    • Onus lays on a person challenging an apparent marriage
    • If a man and woman go through a form of ceremony and live together unchallenged as husband and wife there is a presumption that they have been through a valid ceremony (N.B. this living together in no way makes them married but raises presumption that they went through a proper ceremony, and it is the presumed ceremony that makes them married)
      • Chief Adjudication Officer v Bath [2001] 1 FLR 8
        • Sikh marriage took place in Sikh temple in 1956, couple lived together until the husbands death in 1994
          • Not registered building at time of marriage
          • Marriage not registered at Registrar Office
        • Marriage still held valid as presumption arose through cohabitation
        • had marriage ended soon after ceremony it is likely that the marriage would have been held to have been void
  3. Offences in the Formation of Marriage

    • Marriage Act 1949
      • s.75 - Offences relating to the solemnisation of marriage
      • s.76 - Offences relating to the registration of marriage
      • s.77 - Offences by authorised persons
    • Perjury Act 1911
      • s.3 - false statements, with reference to marriage
  4. Marriage of Same-Sex Couples

    • Previously such a marriage was void ab initio s.11(c) Matrimonial Causes Act 1973
      • Repealed by Marriage (Same Sex Couples) Act 2013 Sch.7(2) para.27
    • Only one status of marriage available to all, no such thing as "gay marriage" or "heterosexual marriage"
      • s.9 Marriage (Same Sex Couples) Act 2013 provides for conversion of a qualifying CP into marriage, s.1(6) and s.12(2) provide that adultery for purposes of divorce and impotence for purposes of voidable marriage are excluded
    • Rules of marriage same for all couples except that CofE cannot celebrate marriage of same-sex couples and other religious bodies and individual religious celebrants cannot be required to officiate at a marriage of a same-sex couple per Marriage Act 1949 s.26(A) and also s.2

Informações

Descrição
O usuário eliminou as informações de disciplina Mapa Mental sobre Misc. Marriage Topics (England and Wales), criado por Usuário eliminado em 13-04-2017.
Criado por
Usuário eliminado · abr 2017
Atualizado
13 abr 2017
Visualizações
21
Histórico
  • Criado por Ruaraidh Simpson · 13 abr 2017
  • Copiado por Ruaraidh Simpson · 13 abr 2017
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