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Family Law Principle Notes

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This is an extract of our Family Law Principle document, which we sell as part of our Family Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Family Law- Family Law Principle Essay
Only non-blood relationship given legal recognition is marriage
As society expanded, law has slowly expanded to recognise other family form
Hyde v Hyde- Lord Penzance: 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
└ Deech: not one word of this remains true in British marriage law
 Civil & Religious Marriage- Christian and other religion
 Forced Marriage
 Divorce
 Same sex marriage
Discriminatory- Different in rights?
 Same sex- Partnership/ Marriage
 Heterosexual- Marriage only
Civil Partnership: Legally allow union of same sex marriage, similar rights entitled
└Claim only difference in name
Marriage previously S11(c) MCA 1973 must be between man and woman
Marriage is legally binding, recognised, and governed relationship for non-related adults with protected rights
(brings responsibilities) → Marriage is the only way to get
└Only type: Religious factor, to promote such institution by special privileges, enhance society, protect children (how about children outside marriage?)
Deech: Ultimate commitment with crux of generational support- ceremonial aspect adds seriousness and public recognition to the institution
Benefits:
 No inheritance tax
 Benefit from spouse's pension
 Superior claim under inheritance under Inheritance Act 1975
 Occupation rights and subject to claim property of relationship breaks down
 Use of surname
 Defence of martial coercion for wives on offence other than treason and murder
 Immune from be charged with conspiracy with each other
 Compelled to give evidence for the prosecution in certain limited circumstances (immune in others)
No duty to have sexual intercourse but have consequences ie. Incapacity/ wilful refusal for annulment
Civil Partnership could not use adultery as evidence for divorce
Stephen Cretney: From odious crime to gay marriage




Come to the point of equality
Society not always intolerant towards homosexuality: Local Government Act 1988 take position defending and promoting traditional family values
Previously, buggery punishable by death- decriminalised in 2001
Marriage necessary as not sufficient to simply be tolerated, must be accepted
Gender Recognition Act 2004 & Civil Recognition Act 2004
 In fact, same sex couples have been slowly gaining rights in different aspects of family life thought the years
Civil Partnership Act 2004- Path to equality?
 Allow same sex couple to register their relationship legally and conferred marriage-like rights and duties
 only for same sex- Rebecca & Charles Keidan (2016) lose in claim to heterosexual civil partnership
 almost identical to the form of marriage- practically same as Matrimonial Causes Act 1973
 dissolving civil partnership almost identical to dissolve marriage
 Financial consequences upon dissolution identical

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