Family Law - Family Relationships

?
Hyde v Hyde (1866)
Lord Penzance's definition of marriage...

'the voluntary union for life of one man and one woman to the exclusion of all others'
1 of 12
Article 16 UDHR
Marriage shall be entered into only with the free and full consent of the intending spouses.
2 of 12
Forced Marriage (Civil Protection) Act 2007
- Family Law Act 1996 s 63A
Created Forced Marriage Protection Orders can instruct persons not to
- Take someone abroad to marry
- intimidate someone to marry
- take away someone's passport
3 of 12
Nachimson v Nachimson [1930]
Facts: Couple married in Russia under Soviet law which allowed dissolution by simple notice of one party.

Held: Although in another jurisdiction marriage is for life and can not be dissolved in non - judicial means.
4 of 12
Bellinger v Bellinger (2003)
Facts: male to a female woman wanted to marry Mr Bellinger. An earlier case Corbett v Corbett (1971) declared sex set at birth but the HRA had been passed since,

Held: Court bound to follow Corbett but declared the current law incompatible with human ri
5 of 12
Offences Against the Person Act 1861 s 57
A person who marries whilst still marries commits the offence of bigamy, carrying a maximum of 7 years imprisonment.
6 of 12
Hussain v Hussain [1982]
Facts: Pakistani man took a second wife which Pakistan law allowed. The first wife petitioned for judicial separation in England but husband said that their marriage was not void in the UK due to his polygamy.

Held: Husband could not be in a polygamous
7 of 12
Schalk & Kopf v Austria [2010] ECHR 995, 30141/04
Facts: Applicants complained that lack of Same-Sex marriage violated Art 12 (right to marriage) and Art 14 (discrimination) in conjunction with Art 8 (family life) of ECHR.
Held: ECHR does not require member states to legislate for same-sex marriage (th
8 of 12
R (Steinfled & Keiden) v Secretary of State for ID [2018] UKSC 32
Facts: A opposite-sex couple challenge wanted to be able to form a Civil Partnership under CPA 2004, however, they were prevented as it was only open to same-sex couples.

Held: The law was incompatible with HRA. Since passing the Marriage (same-sex coupl
9 of 12
Civil Partnerships, Marriages, and Deaths (Registration etc) Act 2019 s 2
Amended the Civil Partnership Act 2004 to allow opposite-sex couples to enter into a civil partnership.
10 of 12
Common-law marriage
There is no such thing!
11 of 12
Kimber v Kimber (2000)
Sets out six signposts of a cohabitation relationship:
- the parties are members of the same household;
- the relationship is stable;
- there is financial support;
- there is a sexual relationship
- they have children
- there is a public acknowledgement
12 of 12

Other cards in this set

Card 2

Front

Article 16 UDHR

Back

Marriage shall be entered into only with the free and full consent of the intending spouses.

Card 3

Front

Forced Marriage (Civil Protection) Act 2007
- Family Law Act 1996 s 63A

Back

Preview of the front of card 3

Card 4

Front

Nachimson v Nachimson [1930]

Back

Preview of the front of card 4

Card 5

Front

Bellinger v Bellinger (2003)

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Family resources »