Class notes
Ulaw lecture 1 of family law
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Ulaw lecture 1 of family law module surrounding marriage and civil partnerships
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Some examples from this set of practice questions
1.
What are some key cases related to marriage law?
Answer: Cases include Hyde v Hyde (1866), defining marriage as a union between one man and one woman, McCabe v McCabe (1994), validating marriages conducted under certain customary laws, and Sheffield City Council v E & S (2004), testing capacity to marry based on understanding the marriage contract
2.
In what circumstances may an Islamic divorce obtained abroad be recognized by English courts?
Answer: It may be recognized if both parties were domiciled in that country or one party was domiciled there and the other in a country recognizing the divorce, provided neither party was habitually resident in the UK for one year before the divorce.
3.
How does the court determine financial orders in divorce cases?
Answer: It considers factors like the parties\' resources, needs, standard of living, ages, length of marriage, contributions, conduct, and loss of benefits, prioritizing the welfare of children.
4.
According to the Human Fertilisation and Embryology Act 2008, who is considered the legal mother of a child born through surrogacy?
Answer: The woman who gives birth to the child is always considered the legal mother, regardless of any genetic connection.
5.
What is parental responsibility, and how is it defined?
Answer: Parental responsibility refers to the legal authority to make decisions about a child\'s upbringing. It encompasses all rights, duties, powers, responsibilities, and authority that a parent has in relation to the child and their property.
6.
What is the significance of the Gillick case?
Answer: The Gillick case established that minors who demonstrate sufficient understanding can consent to treatment. It shifted the focus from parental rights to the child\'s best interests and emphasized the duty to consult the child.
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