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 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 incapacity A marriage with a mentally incapacitated person VOID VOIDABLE before 1959 after 1959 Mental Health Act 1959 – swept away all classification 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 laws Study 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