Forming Formal Relationship PDF

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Summary

forming relationship and the basic legal legislation. Introduction to family law, marriage, and cicil partnerships...

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Forming Formal Relationship -

Marriage, as understood in Christendom, may be defined as the voluntary union for life between one man and one woman to exclusion of all others. Hyde v. Hyde (1866). Same Sex Couples Act 2013; Section1(1) of the Act provides that marriage of same sex is lawful. Bigamy is void. Law does not support the idea of polygamy. Multiplicity of meaning: societal/familial, Legal, Personal. Herring, J Family Law (2019) pp. 75-76: Functional, Psychological, Political, Religious.

The effect of marital status is manifested in two ways. First, whereas the parties to a commercial agreement may make such terms as they think fit (provided that they do not offend against rules of public policy or statutory prohibition), the spouses’ mutual rights and duties are largely fixed by law and not by agreement. An increasing number of these may be varied by consent: for example, the spouses may agree not to live together. But some may not be altered: thus, notwithstanding the existence of a marital property agreement between them, neither may contract completely out of his or her power to apply to the court for financial relief in the event of divorce. Secondly, unlike a commercial contract, which cannot bind anyone who is not a party to it, marriage can affect the rights and duties of third persons and the relationship of the individual with Government bodies. So, for example, private or state pensions may be payable to a person by virtue of their status as a surviving spouse.

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Forming formal relationship: Civil Partnerships Act 2004.

Regulation of marriage Marriage Act 1949 (amended)

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Capacity to Marry Age: (s.2 Marriage Act 1949); minimum age- 16, Need for consent if between 16 and 18 years. Prohibited degrees of relationship: (Sched 1 Marriage Act 1949; Marriage (Prohibited Degrees of Relationship) Act 1986); Prohibitions based on: Blood Relations (Consanguinity): and Marriage (Affinity) B and L v. UK 2006----- Marriage Act 1949 (Remedial Order) 2007 SI no 438 Free to marry: A bigamous marriage is void (s.11(b)MCA 1973) Transgender Formalities Preliminaries:- Anglican: in church through banns. Solemnising within three month of marriage. and Civil marriages: certificate from the cleric. Ceremony Registration Nullity

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Matrimonial Causes Act 1973 ss. 11 and 12.

Any building which is certified as a place of religious worship can be registered by the registrar general for the solemnisation of marriage MA. S41 and 42). 1242 Muslim places of Worship, only 270 have been registered for marriages 88 Buddhist places of worship, only 14 have been registered for marriages. Civil:- the marriage can take place in superintendent registrar and a registrar of marriages. S.44 and 45. Can also get married Registration

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Marriage is a public status Applies whether religious: same sex or opposite sex Registrar general maintains an index of marriages.

Marriage as contarct The law relating to the capacity to marry is different from that of any other contract. A marriage may only be contracted if special formalities are observed. The grounds on which a marriage may be void or voidable are for the most part completely different from those on which other contracts may be void or voidable. Unlike other voidable contracts, a voidable marriage cannot be declared void ab initio by rescission by one of the parties, but may be set aside only by a nullity of marriage order pronounced by a court of competent jurisdiction. A contract of marriage cannot be discharged by agreement, frustration or breach. Apart from death, it can be terminated only by a formal legal act, pronounced by a court of competent jurisdiction.

Same sex marriage Same sex couples marriage act 2013 Whether same-sex couples have the right to marry under Art 12 was considered domestically in Wilkinson v Kitzinger (No 2).11 The petitioner and her lesbian partner, both domiciled in England, went through a legally recognised marriage ceremony in British Columbia. On their return to the UK, they sought a declaration that their marriage was valid

in English law. However, Potter P held that there was no breach of either Art 12 or the right to respect for family life under ECHR Art 8, since there was, as yet, no consensus across Europe as to how same-sex relationships should be treated and the existing European jurisprudence had not interpreted either Article as extending to such couples. The issue was subsequently raised again before the ECtHR in Schalk and Kopf v Austria.12 The Court agreed that there was insufficient consensus across Europe to impose an obligation on States to permit this. Section 1(1) states that ‘Marriage of same sex couples is lawful’. Schedule 3 para 1 provides that: In existing England and Wales legislation— (a) a reference to marriage is to be read as including a reference to marriage of a same sex couple; (b) a reference to a married couple is to be read as including a reference to a married same sex couple; and (c) a reference to a person who is married is to be read as including a reference to a person who is married to a person of the same sex. (2) Where sub-paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a marriage that has ended, or a reference to a person whose marriage has ended) is to be read accordingly. Paragraph 5 also states that: (2) The following expressions have the meanings given— (a) ‘husband’ includes a man who is married to another man; (b) ‘wife’ includes a woman who is married to another woman; (c) ‘widower’ includes a man whose marriage to another man ended with the other man’s death; (d) ‘widow’ includes a woman whose marriage to another woman ended with the other woman’s death; and related expressions are to be construed accordingly. (3) A reference to marriage of same sex couples is a reference to— (a) marriage between two men, and (b) marriage between two women. (4) A reference to a marriage of a same sex couple is a reference to— (a)

a marriage between two men, or (b) a marriage between two women. Forced Marriage

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A forced marriage is where one or both people do not or cannot consent to the marriage, and pressure or abuse is used t force them into marriage.

- Anti-Social Behaviour, Crime and Policing Act 2014 Re K [2020] 2 WLR 1279 . route map [para 45-55] Stage 1: establish the underlying facts based upon admissible evidence. Civil standard of proof Stage 2: determine whether the purpose identified in s63A(1) is identified Stage 3 Assess the risks and protective factors (of the person to be protected). Explicitly consider whether the article 3 threshold has been met Stage 4: if threshold met, the court must reach an accommodation between article 3 and 8 rights of the individual to protected by the FMPO.

63AForced marriage protection orders (1)The court may make an order for the purposes of protecting— (a)a person from being forced into a marriage or from any attempt to be forced into a marriage; or (b)a person who has been forced into a marriage. (2)In deciding whether to exercise its powers under this section and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected. (3)In ascertaining that person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate in the light of the person's age and understanding. (4)For the purposes of this Part a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A's free and full consent.

(5)For the purposes of subsection (4) it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person. (6)In this Part— 

“force” includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and

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“forced marriage protection order” means an order under this section.

Family Law Act 1996, Part 4A sections 63A-G

63BContents of orders (1)A forced marriage protection order may contain— (a)such prohibitions, restrictions or requirements; and (b)such other terms; as the court considers appropriate for the purposes of the order. (2)The terms of such orders may, in particular, relate to— (a)conduct outside England and Wales as well as (or instead of) conduct within England and Wales; (b)respondents who are, or may become, involved in other respects as well as (or instead of) respondents who force or attempt to force, or may force or attempt to force, a person to enter into a marriage; (c)other persons who are, or may become, involved in other respects as well as respondents of any kind. (3)For the purposes of subsection (2) examples of involvement in other respects are— (a)aiding, abetting, counselling, procuring, encouraging or assisting another person to force, or to attempt to force, a person to enter into a marriage; or (b)conspiring to force, or to attempt to force, a person to enter into a marriage. 63CApplications and other occasions for making orders (1)The court may make a forced marriage protection order— (a)on an application being made to it; or

(b)without an application being made to it but in the circumstances mentioned in subsection (6). (2)An application may be made by— (a)the person who is to be protected by the order; or (b)a relevant third party. (3)An application may be made by any other person with the leave of the court. (4)In deciding whether to grant leave, the court must have regard to all the circumstances including— (a)the applicant's connection with the person to be protected; (b)the applicant's knowledge of the circumstances of the person to be protected; and (c)the wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person's age and understanding, to have regard to them. (5)An application under this section may be made in other family proceedings or without any other family proceedings being instituted. (6)The circumstances in which the court may make an order without an application being made are where— (a)any other family proceedings are before the court (“the current proceedings”); (b)the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the current proceedings); and (c)a person who would be a respondent to any such proceedings for a forced marriage protection order is a party to the current proceedings. (7)In this section— 

“family proceedings” has the same meaning as in Part 4 (see section 63(1) and (2)) but also includes—

(a) proceedings under the inherent jurisdiction of the High Court in relation to adults; (b) proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 (c. 41) which includes an exclusion requirement (as defined in section 44A(3) of that Act); and (c)

proceedings in which the court has made an order under section 50 of the Act of 1989 (recovery of abducted children etc.); and 

“relevant third party” means a person specified, or falling within a description of persons specified, by order of the Lord Chancellor.

(8)An order of the Lord Chancellor under subsection (7) may, in particular, specify the Secretary of State. Further provision about orders 63DEx parte orders: Part 4A (1)The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court. (2)In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances including— (a)any risk of significant harm to the person to be protected or another person if the order is not made immediately; (b)whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; and (c)whether there is reason to believe that— (i)the respondent is aware of the proceedings but is deliberately evading service; and (ii)the delay involved in effecting substituted service will cause serious prejudice to the person to be protected or (if a different person) an applicant. (3)The court must give the respondent an opportunity to make representations about any order made by virtue of subsection (1). (4)The opportunity must be— (a)as soon as just and convenient; and (b)at a hearing of which notice has been given to all the parties in accordance with rules of court. 63EUndertakings instead of orders (1)The court may, subject to subsection (3), accept an undertaking from the respondent to proceedings for a forced marriage protection order if it has power to make such an order. (2)No power of arrest may be attached to an undertaking given under subsection (1). (3)The court may not accept an undertaking under subsection (1) instead of making an order if a power of arrest would otherwise have been attached to the order.

(4)An undertaking given to the court under subsection (1) is enforceable as if the court had made the order in terms corresponding to those of the undertaking. (5)This section is without prejudice to the powers of the court apart from this section. 63FDuration of orders A forced marriage protection order may be made for a specified period or until varied or discharged. 63GVariation of orders and their discharge (1)The court may vary or discharge a forced marriage protection order on an application by — (a)any party to the proceedings for the order; (b)the person being protected by the order (if not a party to the proceedings for the order); or (c)any person affected by the order. (2)In addition, the court may vary or discharge a forced marriage protection order made by virtue of section 63C(1)(b) even though no application under subsection (1) above has been made to the court. (3)Section 63D applies to a variation of a forced marriage protection order as it applies to the making of such an order. (4)Section 63E applies to proceedings for a variation of a forced marriage protection order as it applies to proceedings for the making of such an order. (5)Accordingly, references in sections 63D and 63E to making a forced marriage protection order are to be read for the purposes of subsections (3) and (4) above as references to varying such an order. (6)Subsection (7) applies if a power of arrest has been attached to provisions of a forced marriage protection order by virtue of section 63H. (7)The court may vary or discharge the order under this section so far as it confers a power

Tutorial Lecture:

The age of 16, is the age when a person has sex and it’s the consent age. They are not mature enough to make their life decision. There is level of autonomy and privacy that comes with the marriage and age of 16 might not be allowed.

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Parental responsibility, a parent who is available to make decision on behalf of the child. Have a conversation about gravity of the situation ship. Age of medical treatment is 16. No polygamous, marriage. Sustainability, the financial relationship, commitment issues; in bigamy and polygamy. You cannot be blood related: genetic element. prohibited to have intercourse. Biological condition. The close relationship should not in an intimate relationship. It is against cultural and social norm. it is detrimental for both the family and the society. Affinity:- the prior age of 18 and now they are 21 and they could come in the marriage; there was relationship of trust between the step family. If they have never been in the same household. The marriage is a symbolic thing? Does it have any symbolic significance? The marriage is legitimate and healthy being recognise. It gives you a different status. Before 2004, there were a problematic era for same sex couple in the line of succession and the distribution of the will. Why do people don’t want marry after civil relationship:- the people have an ideology that they want to skip the stereotype of man dominance. The marriage comes from traditions. If you get married the male has to pay certain amount of money(Muslim). The man bear the responsibility of taking care of the woman. Stephan and Kate case: - non-discrimination, it was taken immediately after same sex couple. The case was given the declaration of incompatibility. Since the law was incompatible with the ECHR where the same sex marriage was allowed. Apron ASHELY:- the transgender were not allowed to marry, due to their change of their gender. The were allowed later to get married through a parliament act gender recognition act 2004.

1. Psychological threat, like his passport would be taken the parents 63A (4)(6) 2. The risk of against will due to his sexual orientation. He might be left in financial distress. 63A(2) 3. The application could be made by the relevant 63(C)(3) an application made by the leave of the court....