Many cohabiting couples believe that they have the same rights as married couples, but they are badly mistaken.
Many cohabiting couples believe that they have the same rights as married couples, but they are badly mistaken. - раздел Образование, MARRIAGE AND CIVIL PARTNERSHIP Reading:
Ghaidan ...
Reading:
Ghaidan v. Godin-Mendoza [2004] 2 AC 557
Concerning: definition of living 'together as husband and wife'
Facts
Mr Wallwyn-James was the tenant of a flat. For nearly 20 years he lived there with Mr Godin-Mendoza before he died. Mr Godin-Mendoza claimed that he was entitled to take over the tenancy under the terms of the Rent Act because he was living 'as husband and wife' with the tenant.
Legal principle
Relying on the Human Rights Act 1998, the House of Lords was willing to interpret the phrase 'living together as husband and wife' to include a same-sex couple. The interpretation was required to avoid discrimination against people on the basis of their sexual orientation. Further, the public policy behind allowing unmarried opposite-sex cohabitants to succeed tenancies applied equally to same-sex cohabitants.
Property of Cohabiting Couples. The case of Burns v. Burnsprovides a good illustration of the disadvantages of being a cohabitant compared with a spouse on relationship breakdown. In Burns, the female cohabitant (she had taken her partner's name) had cohabitated with her partner for nearly 20 years, during which time she had brought up the children and looked after the home. On the breakdown of their relationship, she claimed a beneficial interest in the home which was solely owned by her partner. However, the Court of Appeal dismissed her claim and, while expressing sympathy for her, held that it was the responsibility of Parliament, not the judges, to change the law. In Hammond v. Mitchell, on the other hand, the female cohabitant was successful in obtaining a beneficial interest in the home under a constructive trust on facts which were similar to those in Burns, but with the exception that Miss Mitchell and hercohabitant partner had exchanged a few words about the house at an earlier stage of their relationship. These few words were held to be sufficient evidence from which it could be inferred that she was to have an interest in the home under a constructive trust. The arbitrary and unsatisfactory nature of the law has led to increasing dissatisfaction and calls for reform.
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
- free to remarry
-financial provision and property adjustment
-an effect on a will (termination)
Recognition of a Foreign Divorce
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
Question 1
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 o
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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