Question 1 - раздел Образование, MARRIAGE AND CIVIL PARTNERSHIP Last Year, Rose (A Single Woman) Had A Brief Affair With Fred, A Wealthy Marr...
Last year, Rose (a single woman) had a brief affair with Fred, a wealthy married man 20 years older than herself. After Rose had ended the relationship, she discovered that she was pregnant. Fred offered to leave his wife and to marry Rose but Rose did not want anything more to do with him. The baby, John, was born six months ago. Fred and his wife never had any children and he is delighted that he now has a son. He continually asks to see John and says that he wants to be actively involved in the child's upbringing. Rose is now living with Simon who is willing and able to support both of them. They plan to marry and wish to bring John up as their own child without interference from Fred.
Last week Fred told Rose that John would be at a real disadvantage if they (Fred and Rose) did not get married and make him legitimate. During the heated argument which followed, and in an attempt to make Fred leave them alone, Rose told Fred that he might not be John's father anyway.
Rose has no intention of claiming anything from Fred. She has, however, discovered that Fred's father has just died leaving his estate to be divided equally between all his grandchildren, and wonders whether John would have a claim.
England and Wales... LECTURE... MARRIAGE AND CIVIL PARTNERSHIP Introduction...
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Marriage. The right to marry
KEY DEFINITION
MARRIAGE is an agreement by which a man and a woman enter into certain legal relationship with each other and which creates and imposes mutual rights and
Gender Recognition Act 2004, section 2(1)
1 ... the [Gender Recognition] Panel must grant the application if satisfied that the applicant -
(a) has or has had gender dysphoria,
(b
Civil Partnership
Reading:In Fitzpatrick v. Sterling Housing Association Ltd [1999] 2 FLR 1027, the question was whether Mr Fitzpatrick who had lived with his male partner in a stable
Answer guidelines
1. The differences are of no practical significance. For example, where there is adultery, the unreasonable behaviour fact can be relied upon.
2. The differences are symbolically impor
Grounds on which a Marriage may be Voidable
Section 12 MCA 1973 provides that a marriage is voidable where:
(a) the marriage has not been consummated owing to the incapacity of either party to consummate it;
(b)
PROBLEM AREA
Inability to consummate after marriage
A popular scenario in a problem question is where one of the parties to the marriage becomes physically unable to consummate the m
VOIDABLE MARRIAGE
-The marriage can only be set aside if there is a court order. Without a court order annulling the marriage, it is a valid one
- Only the parties to the marriage can
SEMINAR 1
REVISION CHECKLIST
What you need to know:
1. The grounds on which a marriage or civil pa
Property Rights of Married Couples
There isno concept of a presumption of joint ownership of property in English law. However, it is possible to acquire a right of ownership by claiming an interest under a
Cohabitation contracts
Reading:
Sutton v. Mischon de Reya [2004] 1 FLR 837
Concerning: enforceability of cohabitation contracts
Facts
Mr Sutton and Mr Sta
Resulting Trust
KEY DEFINITION
A resulting trust (on the basis of law, на основании закона)is presumed to arise when A contributes to the purchase price of a piece of property which is
Constructive Trust
KEY DEFINITION
In order to establish a constructive trust, it is necessary to show:
1. A common intention to share ownership. This is proved by evidence of an express
Proprietary Estoppel
KEY DEFINITION
For in X to be able to establish a proprietary estoppelit must be shown that:
- the owner of the property assured or promised X an interest in the prope
Answer guidelines
In this problem question you will need to start by ascertaining who has the legal title le property, that is, who the registered owner is. In this case, it is Alan. There is no express trust and so
Question 1
The marriage between Michael and Sarah has encountered difficulties, and the couple have decided to part amicably. They are both keen to go their separate ways with no financial responsibilities to
KEY DEFINITION
Separationrequires the parties to live in separate households. Normally this will be in separate houses, but it is possible for them to live separate lives under the same
Bars to divorce
1) Section 3(1), MCA states that it is not possible to petition for a divorce until you have been married for one year.
2) Section 5, MCA provides a bar but this can only
Effects of Divorce
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-financial provision and property adjustment
-an effect on a will (termination)
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Reading: The English courts have discretion to refuse recognition of a foreign divorce, whether or not it was obtained in proceedings. Thus, for example, the court may refuse to re
Question 1
Fred and Wilma married 10 years ago, and were initially very happy. However Fred started to go out with his friends every Saturday night, living Wilma at home with their daughter, Pebbles. Fred fre
KEY DEFINITION
Joint will. A single document executed by two or more persons as the will of all of them.
It is prohibited to left joint will in Ukraine.
Mutual
Question 1
Victoria and James met 15 years ago and began to cohabit. They have four children, aged 2, 4, 6 and 8. Shortly after they met, James bought a plot of land for £5,000 and registered the proper
PARENTS AND CHILDREN
1. Who are the parents of the child?
2. The Human Fertilisation and Embryology Act 1990
3. Parental responsibility
1. Who are the parents of the child?
KEY DEFINITION
Under a surrogacy arrangement a couple ('the commissioning couple') ask a woman ('the surrogate mother') to carry a child for them. The agreement is that shortly after bir
Parental responsibility
Children Act 1989, section 3(1)
'In this Act "parental responsibility" means all the rights, duties, powers, responsibilities and authori
PROBLEM AREA
Section 2(7) of the Children Act 1989 appears to suggest that a parent with parental responsibility can act alone and need not consult with anyone else. However, the courts have not interpreted the
Answer guidelines
You will want to discuss the following issues:
- What is parental responsibility? It is far from clear what parental responsibility is and yet that is key if we are to decide who should ge
Suggested answer
Here we are asked to advise Rose, the mother of 6-month-old John, born as the result of a brief affair with Fred.
First, Rose’s mind can put at rest to some extend by telling her that as t
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