Lecture notes
Ulaw lecture 1 of family law
- Module
- Family Law
- Institution
- University Of Law (ULaw)
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.
Content preview
FAMILY LAWLARGE GROUP 1
Student Guide
Marriage and Civil Partnership
Context
Family Law is essentially a study of relationships and their legal consequences. In
this Large Group you begin your study of Family Law by looking at the relationship
which has been central to Family Law for centuries, namely marriage, and also at its
much more recent counterpart, civil partnership.
Marriage and civil partnership carry a special and favoured legal status. Those who
are able to acquire this special status have bestowed upon them a range of rights
and responsibilities. This Large Group concentrates on the acquisition of this status
and so you will be studying the legal requirements for the creation of a valid
marriage/civil partnership.
Outcomes
By the end of this Large Group you should be able to:
1. Describe the formalities of marriage/civil partnership.
2. Outline the capacity requirements for marriage/civil partnership.
3. Explain the distinction between void and voidable marriages.
1. Introduction to Family Law
- interference must be in accordance with law- necessary in a democratic
society and must be proportionate
Discretion- supports judiciary
Acts contain guideline
Case law used for guidance
-understanding how role will work out in practice
Activity 1
Make a list of three aspects of family life where you think it is legitimate for the
state to make laws to interfere or to regulate.
Financial
, Domestics
Child custody
Inheritance laws
Honour crimes- forced marriages
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