Unit 17 Family Law Snježana Husinec, PhD shusinec@pravo.hr

FAMILY LAW What is regulated by FAMILY LAW? How would you define a FAMILY? Read the introduction to the text and find the definitions: FAMILY LAW = _______________________________ FAMILY = ____________________________________ What types of formal relationships between a couple besides MARRIAGE do you know of?

Types of relationships in England and Wales MARRIAGE (Marriage Act 2013 – “Marriage of same-sex couples is lawful”) CIVIL PARTNERSHIP (Civil Partnership Act 2004) LIVING TOGETHER (COHABITATION) ………………………………………………………………………………………………… SCOTLAND – Marriage and Civil Partnership Act 2014 – Marriage of same-sex partners is lawful NORTHERN IRELAND – marriage of same-sex couples is recognised as a civil partnership

MARRIAGE and CIVIL PARTNERSHIP I Discuss the following questions with your partner. How would you define MARRIAGE and how CIVIL PARTNERSHIP? Who can marry and who can be civil partnered? Are there any preconditions for entering these unions? How can a MARRIAGE or a CIVIL PARTNERSHIP end? II Read the part of the text about Marriage and Civil partnership and check your answers.

Definition and ending of a Marriage or Civil Partnership I Find in the text the definitions of MARRIAGE and CIVIL PARTNERSHIP. MARRIAGE = ___________________________________________________________________ CIVIL PARTNERSHIP = ____________________________________________________________ II Fill in the information about ending a marriage or a civil partnership from the text. Explain the difference between TERMINATION and ANNULMENT. 1. 2. 3. MARRIAGE death CIVIL PARTNERSHIP

VOID or VOIDABLE Read the text and fill in the missing information. if either party is under _____ – the ceremony is performed – marriage is not valid – void ab initio) If the parties are ___________________________ If one of the parties is already ___________________________ If certain __________________ are disregarded. VOIDABLE without due consent (eg. ____________, duress or _____________) _________________ by another man when entering into marriage marriage wasn’t consumated (doesn’t apply to same-sex partners) if either party was suffering from mental disorder

The principal form of relief for a void or voidable marriage is a DECREE OF NULLITY. Consider what you have learned about void and voidable marriages. Decide if a decree of nullity could be granted in the following example cases. E.g. I - Marc remarried in 1986, 3 years after meeting wife number two. The marriage certificate said that he was divorced. That was untrue. The husband married wife number one in 1975, separated from her in 1979 but only finally divorced her in 1995, 9 years after remarrying. E.g. II - John sought a decree of nullity on the basis that he was induced to marry his wife by her fraudulent declarations of love. E.g. III - Sarah was pressured by her parents and at age 16 participated in an arranged marriage. She did not want to go through with the ceremony and told the Court that: “. . . My parents insisted I go through with it and I could not stand up against them”. E.g. IV – Denis and Brenda are first cousins from California. They got married in England.

English marriage laws 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.

Civil partnership What are the rights and responsibilities of civil partners? What are the legal preconditions for entering into civil partnership? Do you expect them to be similar to those for marriage?

CIVIL PARTNERSHIP -same rights and responsibilities as marriage; can be ended if one of the partners dies, or by applying to court to bring the partnership legally to an end (cannot be brought to an end if it has not lasted at least a year) PRECONDITIONS marriageable age 16 or over (youth) neither of the partners can already be married or a civil partner partners cannot be close blood relatives (consanguinity) partners need to have lived in the same area in England or Wales for at least seven days PARENTAL CONSENT – needed for those between 16 and 18 MARRIAGE ACT 2013 – civil partnership can be converted into marriage

Living together (cohabitation) = A living arrangement whereby a couple who is not married or a couple who have not registered a civil partnership live together in the same household. = The term can apply to opposite sex or same-sex couples. = The law gives cohabiting couples fewer rights on separation or death than for civil partners or married couples. - a living together agreement or cohabitation contract = if you want to set down your legal rights in certain areas of your relationship with your partner, you can make an official agreement that will be recognised by the courts. This is known as (eg. shared responsibility for children, ownership of property, ownership of jointly owned possessions)

Croatian marriage laws Find the preconditons for a valid marriage and civil partnerships in Croatia? What makes a Croatian marriage void or voidable?

DIVORCE Read the text and explain the grounds for divorce according to the Matrimonial Causes Act 1973. The basic ground for divorce ______________________________ needs to be supported by one of the following facts: (Match them with their definitions in the text.) DESERTION = UNREASONABLE BEHAVIOUR = ADULTERY = FIVE YEAR’S SEPARATION WITHOUT CONSENT = TWO YEAR’S SEPARATION WITH CONSENT =

Fault vs. No-Fault divorce No-Fault divorce - Divorce by consent (also uncontested divorce): - parties are not required to prove that either was at fault for the breakdown of the marital relationship or that specific grounds exist for a divorce - the petitioner must only show incompatibiliy, irreconcilable differences, and irremediable breakdown of marriage (most USA states) Fault divorce (contested divorce): - a divorce granted for reasons which are typically enumerated in law - requires proof by one party that the other party has committed a fault which is incompatible to the marriage - an action for divorce maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the legal grounds (England and Wales)

PETITIONER RESPONDENT DIVORCE PROCEDURE filing/issuing a DIVORCE PETITION PETITIONER RESPONDENT granting a DIVORCE DECREE a) a DECREE NISI (an order of the Court confirming that the grounds for the divorce have been proved and that the marriage has irretrievably broken down) b) a DECREE ABSOLUTE (legal document that ends the marriage; can be applied 6 weeks and one day after decree nisi)

Consequences of divorce The legal process for divorce may also involve issues of: spousal support (alimony; maintenance) child custody child support distribution of property division of debt

Divorce in Croatia Look into the Croatian Family Act 2015 and find the grounds for divorce in Craotia. ___________________________ …

DOMESTIC VIOLENCE DOMESTIC VIOLENCE = ________________________________ What forms can domestic violence take? What are possible cosequences of domestic violence? Find a definition of DOMESTIC VIOLENCE in the text. DOMESTIC VIOLENCE = ________________________________ _______________________________________________________ What can a victim of domestic violence do to protect herself/himself?

From the Family Law Act 1996 Read the excerpt from the Family Law Act 1996. Do ex. I, II, III, and IV. Research into the Croatian Family Act 2015 and check how the same issues are regulated there.

Compare the following articles from Croatian legal acts with English law and translate them into English. I Crotian Constitution Članak 62. stavak 2. 'Brak je životna zajednica žene i muškarca.‘ II Croatian Family Act (2015) Članak 12. Brak je zakonom uređena životna zajednica žene i muškarca. Članak 13. (1)Brak se sklapa suglasnom izjavom žene i muškarca u građanskom ili vjerskom obliku. (2) Brak u građanskom obliku sklapa se pred matičarom. (3) Brak se u vjerskom obliku s učincima građanskoga braka sklapa pred službenikom vjerske zajednice koja s Republikom Hrvatskom o tome ima uređene pravne odnose.