Comprehension check

Answer the following questions related to the Family Law chapter. Bring in
arguments.

The Concepts of Family and Family Law

1. How is family law defined nowadays? Family law defines family statuses – e.g.
through marriage or parenthood or adoption – and stipulates when the law may
intervene to protect family members.
2. How did family law evolve during the last decades? Over the past years, the law has
begun to treat cohabitants in the same way as married couples, also it started to
identify other types of relationships (other than heterosexual).

Marriage and Divorce

3. Why is the institution of marriage important? Marriage is a passport to certain rights

that are not extended to cohabiting couples.
4. Is there a difference between married and cohabiting couples? Marriage can be
distinguished from cohabitation in that entry into, and exit from marriage are
regulated by the state. And the law defines who may or not marry and prescribes the
form that a ceremony must take in order to create a valid marriage
5. How is marriage defined in British law? Marriage defined by British paw is the
voluntary union for life of one man and one woman to the exclusion of all others
6. What do you understand by the phrase “common law marriage”? Before 1753 a valid
marriage could be created by a couple agreeing between themselves that they were
married, this was called a common law marriage.

Marriage Formalities. Preliminaries to Marriage

7. What are the two preliminaries to marriage, according to the text? The text identifies
three preliminaries to marriage: parental consent for those who are under 18, the
publicity of the marriage and the registration of the marriage in a place of religious
worship. I believe that only the first two are now currently essential.

Annulling a Marriage. Void and Voidable Marriages

 8. What does a voidable marriage stand for? What about a void marriage? A voidable
marriage means that it is perfectly valid until it is annulled, and the void marriage
does not exist and requires no decree end it.
9. What are the grounds on which a marriage is void, according to the Matrimonial
Causes Act, 1973? The grounds of a void marriage are: the parties are blood related,
one of them/both were under 16 years old at that time, the formalities were not
respected, the marriage is bigamous or the couple is not a heterosexual couple.
10. What is a relationship by affinity? Relatives by affinity consist of the spouse or former
spouse and of one’s own relatives, and the relatives of one’s spouse or former
spouse. The term thus extends to in-laws and to step-relations.
11. What are relatives by affinity called? Relatives by affinity are called ‘affines’.
12. Is marriage between cousins illegal in England? No, it is legal.
13. What do you understand by bigamy (the answer is also given in the text)? Bigamy is
a situation in which a party/ both parties have relationships with other people.
14. What are the “civil partnerships”? Civil partnerships are a legally recognised union
between two people of the same sex.
15. What are the grounds on which a marriage is void, according to the Matrimonial Causes
Act, 1973? Legal grounds on which a marriage is void are: a party/both parties do not
have the capacity to consummate, one/both of them have wilfully refused to
consummate, there was a lack of consent or there are other grounds that take in
consideration the health aspect (venereal disease, pregnancy by third party or mental
illness)
16. Does mistake or fraud avoid a marriage? Yes, because it shows that the consent was
not real.

Ending Marriage: Divorce

17. Are there many divorces in the UK, according to the text? The UK has one of the
highest divorce rates in Europe, although the last few years have seen a levelling off
in the number of divorces, it still has a high rate .
18. What is the main ground for divorce? The main ground for divorce is the fact that this
marriage could never work again, because the parties do not want to continue this
relationship and be together. It can be caused by adultery, abandonment, separation
or refusal to be responsible for the relationship.
19. What are the facts likely to let the judge infer there is an irretrievable breakdown?
When the judge is satisfied by the proofs of the petitioner and he informs both parties
of the date, time and place fixed for the pronouncement of the decree. If neither the
petitioner, nor the respondent has come to speak against it, the judge knows it is an
irretrievable breakdown.