Lecture notes
Family Law and Practice LPC WS03 d2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice LPC WS03 d2
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In-Session – Task 1 Suggested Answer: Civil Partnership/Same Sex Marriage, Divorce,Judicial Separation & Nullity
Question 1: Answer
Gary can petition to have the civil partnership dissolved. He has to show that the civil
partnership has broken down irretrievably (s44 CPA 2004) using one of four facts as set out
in s44(5) CPA 2004.
Adultery is not a fact that can be relied upon for civil partnership dissolution (as it can with
divorce).Therefore rely on unreasonable behaviour.
There is a time-bar of one year for presenting a dissolution petition (s41 CPA 2004).
Therefore, the earliest Gary can present his petition is 10 June 2020.
Note: If Gary and Ben had married (see Marriage (Same Sex Couples) Act 2013) then the
same outcome would be reached as above, except that the relevant law and procedure
would now be found under the Matrimonial Causes Act 1973 as opposed to the Civil
Partnership Act 2004.
Question 2: Answer
We are acting for Marie. Marie wants the relationship to continue therefore the possibly of
relationship counselling/marriage guidance etc should be discussed with her.
The marriage would be voidable if Marie wanted it to end now. The legal provisions permit
that if at the time of the marriage the the respondent was pregnant by some person other
than the applicant and the court is satisfied that the applicant was ignorant of this fact at the
time of the formation of the marriage, then the marriage is voidable.
On the facts, Lorna is the one who is pregnant and wants to dissolve the civil partnership.
She cannot rely on this ground, as she would be the petitioner. Therefore, she will need to
wait at least until 10 March 2021 to present a petition (the one year bar applies).
Question 3: Answer
The marriage is voidable either under s 12 (c) Matrimonial Causes Act 1973 in “that either
party to the marriage did not validly consent to it, whether in consequence of duress,
mistake, unsoundness of mind or otherwise”. Alternatively, Kelly could argue that it is
voidable under s 12 (d) MCA 1973 “that at the time of the marriage either party, though
capable of giving a valid consent, was suffering (whether continuously or intermittently) from
mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such
an extent as to be unfitted for marriage”.
Question 4: Answer
Under s 18 (2) MCA 1973, “If while a decree of judicial separation is in force and the
separation is continuing either of the parties to the marriage dies intestate as respects all or
any of his or her real or personal property, the property as respects which he or she died
intestate shall devolve as if the other party to the marriage had then been dead”. Therefore,
the estate will be divided between the three children as Brian will be treated as having
predeceased Janice.
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