UNIT 22

Marriage

What is MARRIAGE?

The classic definition of marriage in English law was coined by Lord Penzance in

Hyde v Hyde [1986]:

“I conceive that marriage, as understood in Christendom, may . . . be defined as the voluntary union for life of one man and one woman to the exclusion of all others.”

The three main conditions for a valid English marriage

The

VOLUNTARY FOR LIFE of ONE MAN and

union ONE WOMAN

voluntary for life monogamous

JUDICIAL DIVORCE in England?

DISSOLUTION OF MARRIAGE

?UNION FOR LIFE

the intention of the parties (at the initiation of the marriage)

must be union for life

Regulations about starting a marriage

One of the easiest contracts to enter into but with far-reaching consequences for

A) the parties themselves

B) their children

C) the whole society

Who can marry?

Two chief BARS to a valid English marriage

A) YOUTH – only a person of age has an unfettered right to marry

B) CONSANGUINITY– blood relatives who have a close blood relationship cannot marry under any circumstances

YOUTH

Marriage Act 1949 - abolished marriage for those under 16 in England and Wales

Family Law Reform Act 1969 – lowered the age of majority to 18

- If either party is under 16 – no marriage- If one of the parties is 16 or over, but

under 18 – consent of both parents is required

VOID or VOIDABLE

A) if either party is under 16 – the ceremony is performed – marriage is not valid – void ab initio)

B) If the parties are close blood relatives

A marriage entered into

A) without due consent

B) Under duress

C) Mistake as to identity

D) If the man is so drunk at the ceremony as not to know what he is doing

FRAUD

YES

- Deception as to identity

NO

- If a man deceives a woman as to his fortune or his status (misrepresentation)

- If a woman deceives a man as to her virginity (misrepresentation)

Mental incapacityA marriage with a

mentally incapacitated person

VOID VOIDABLE

before 1959 after 1959

Mental Health Act 1959 – swept away allclassification of the mentally ill lunatics

no longer exist.

Essential expressions:

- to contract

to celebrate

to solemnize marriage

to enter into

- binding for life- the rules relating to

consanguinity affinity

- consent of parents

- a void contract = ništav ugovor

- a voidable contract = poništiv ugovor

- dissolution of marriage = judicial divorce

- duress- mental incapacity- to be of age / of legal age

# to be underage / a minor

UK marriage lawsStudy the marriage laws given below and attach

each of them one of the following technical terms. There is one term you won’t need.

DURESS --- CONSANGUINITY --- YOUTH --- VOID MONOGAMOUS --- VOIDABLE ---

PARENTAL CONSENT 1. Both members of the couple must be aged 16 or over.

2. You can't already be married (see bigamy).

3. Can't be too closely related.

4. Under 18s must gain their parent's or guardian's consent, otherwise it is a criminal offence, although the marriage would still be valid.

5. Marriages involving under-16s are not recognized by law.

6. No one can be forced to marry against their wishes.

Explain the following terms:

a prenup a minor a spouse

matrimony Minister of the Church

registrar dissolve

Registry Office bigamy monogamous

Contract mutual consent

to be of legal age