Common law definition of marriage (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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Definition of marriage given in Bellinger v Bellinger [2001]
A contract for which the parties elect but which is regulated by the state, both in its formation and in its termination by divorce, because it affects status upon which depend a variety of entitlements, benefits and obligations.
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Act which introduced same sex marriages
Marriage (Same Sex Couples) Act 2013.
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In order for there to be a valid marriage, a couple must ...
1. Have capacity to marry (that is be able to marry one another); 2. Have complied with certain formalities.
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To have capacity to marry, what is needed?
1. To not be too closely related to each other; 2. Be at least 16. 3. Not already be married or in a civil partnership.
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What is too closely related?
s11(a)(i) MCA 1973 states that people who are too closely related to each other cannot form a valid. Too closely related can be related by blood (s1 Marriage Act 1949) or related by marriage.
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What are the restrictions on consanguinity?
A person may not marry his or her grandparent, parent, child, grandchild, sibling, aunt/uncle or niece/nephew.
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What are the restrictions on relations by marriage?
Under the rules of affinity, a person may not marry their step-parent, step-grandparent, step-child or step-grandchild.
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Exceptions to affinity?
However, a person may marry their step-child or step-grandchild if both are over 21 and did not live together in a parent/child relationship when the child was younger than 18.
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What are the restrictions on marriage in respect of age?
Both parties must be 16 or over (s11(a)(ii) MCA 1973; s2 Marriage Act 1949.
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What happens if a party to a marriage is under 16?
Marriage is void.
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What happens if a 16/17 year old marries without parental consent?
Although consent is required, the absence of consent does not invalidate the marriage, although the parents may be able to prevent the marriage going ahead.
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What happens if one party is already married?
The marriage would be void; a valid marraige cannot take place if either party is married to or in a civil partnership with someone else (s11b MCA 1973).
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Where are the formalities for marriage found?
Marriage Act 1949 as amended by the Marriage Act 1994.
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How much notice should couples give at a register office?
16 days' notice.
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In what circumstances would a couple not need to give notice of the marriage at a register office?
If they are marrying in a C of E Church in which case the Banns would be read out in church instead.
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Where can civil weddings take place?
A register office or any building registered under Marriage Act 1994 including hotels, stately homes etc.
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Where must Church of England weddings take place?
A church.
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Where can Jewish and Quaker weddings take place?
Anywhere.
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Where can other religions' weddings take place?
In a building registered as a place of worship, eg a mosque or a Sikh temple.
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Are the provisions for where people can get married the same for same-sex couples?
No.
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Where can same-sex weddings take place?
They can marry in a civil ceremony or in a religious venue if the religious organisation agrees.
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What are the formalities for marrying abroad?
Weddings abroad do not have to comply with the same formalities as weddings in England and wales. The formalities must take place int he country where the wedding takes place.
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Must the marriage be registered?
Yes but if the marriage is not registered, it will still be valid.
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Define "consortium"
Parties to a marriage have the right to consortium, which is effectively a bundle of rights. These rights aren't easily defined.
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What are the rights?
Reasonable right to sexual intercourse (but not in same-sex marriages); expectation of sexual fidelity; live together; support financially; obligation of confidence.
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Do parties have a right to information about each other's property and assets during marriage?
No, see Tchenquiz v Imerman; Imerman v Imerman [2010].
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Other cards in this set
Card 2
Front
Definition of marriage given in Bellinger v Bellinger [2001]
Back
A contract for which the parties elect but which is regulated by the state, both in its formation and in its termination by divorce, because it affects status upon which depend a variety of entitlements, benefits and obligations.
Card 3
Front
Act which introduced same sex marriages
Back
Card 4
Front
In order for there to be a valid marriage, a couple must ...
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