Tài liệu UNDERSTANDING FAMILY LAW pdf

[...]... Education Act 1996 164, 165 s 7 164 Equal Pay Act 1970 60 Family Law Act 1996 35, 39, 50, 51, 52, 55, 57, 78, 82, 92, 93, 102, 129, 131, 133–43, 145, 146, 282, 283 xvii Understanding Family Law Family Law Act 1996 (contd)— Pt II 35, 52 Pt III 52, 53 Pt IV ... religious issue and also as a personal matter, there have been some problems identified with this common law system Cretney, Masson and Bailey-Harris in Principles of Family Law, 7th edn, 2002, Sweet & Maxwell, p 10, identify them thus: 1 Understanding Family Law The informality permitted by the common law had a number of disadvantages First, there would often be uncertainty about the validity of a marriage... consequences of failure to comply with the law, to establish how you marry, before moving on in the next chapter to look at the issue of who can marry whom 1.2 DEVELOPMENT OF THE LAW As you have just seen, the law has only begun to become involved with the process of marriage in the last 250 or so years, by laying down requirements on parties wishing to marry Common law marriages, which took the form of... Whipp [1996] 1 FLR 826 95, 102 xi Understanding Family Law F (In Utero), Re [1988] Fam 122 261 F v Wirral MBC [1991] 2 WLR 1132 218 Ford v Ford [1987] 17 Fam Law 232 25 Fuller v Fuller [1973]... had been certified as required by law as a place of religious worship; (d) that the building was the usual place of worship of either of the parties to the marriage; nor shall any evidence be given in to prove the contrary in any proceedings touching the validity of the marriage 49 Void marriages If any persons knowingly and wilfully intermarry 11 Understanding Family Law (a) without having given due... 119 R (A Child), Re [2001] EWCA Civ 1344 168 R (A Minor) (Wardship: Medical Treatment), Re [1992] 1 FLR 190 167 xiii Understanding Family Law R v Lancashire CC ex p M [1992] 1 FLR 109 251 R v R [1991] 3 WLR 767 130 R v Secretary... charge of unlawful intercourse with a minor successfully asserted that the complainant was his wife at common law Consequently, legislation was passed in 1753 to regulate marriage, and the manner in which a marriage could be contracted While the Act is commonly called Lord Hardwicke’s Act, its correct title was the Clandestine Marriages Act 1753, and it succeeded in replacing the common law marriage... ceremony was not to be as simple as the common law exchange of vows, since the Act again specified the formalities to be met before the marriage would be acceptable in law This dual system of marriage and, in particular, the dual system of pre-marriage formalities, is still with us today The legislation has occasionally been amended, and the relevant law is contained in the Marriage Act 1949 (as amended)... notice, together with the date of the notice in a book furnished to him for that purpose and the marriage notice book shall be open for inspection free of charge at all reasonable hours 3 Understanding Family Law (5) The superintendent registrar shall be entitled to a fee for every entry made in the marriage notice book under this section 28 Declaration to accompany notice of marriage (1) No certificate... towards the abolishment of the requirement Marriage under common licence is rarer and has different requirements There is still the residence requirement, but in relation to only one of the 5 Understanding Family Law parties, and it is still 15 days Rather than the requirement for the registering and reading out of the banns, one of the parties is required to swear an affidavit stating that there is . class="bi x0 y0 w0 h0" alt="" UNDERSTANDING FAMILY LAW