- •Family law (England and Wales)
- •1. Introduction
- •2. Marriage. The right to marry
- •3. Civil Partnership
- •Differences between marriage and civil partnership
- •Essay question
- •4. Entry into marriage
- •5. Entry into a Civil Partnership
- •6. Void and Voidable Marriages (the Law of Nullity)
- •Key definition
- •Problem area
- •Void marriage
- •Voidable marriage
- •7. The Legal Consequences of Marriage and Civil Partnership
- •Essay question
- •Questions
- •1. Property Rights of Engaged Couples
- •2. Property Rights of Married Couples
- •3. Property Rights of Cohabiting Couples
- •4. Resulting Trust
- •6. Proprietary Estoppel
- •Further thinking
- •Problem question
- •Answer guidelines
- •Question 1
- •Answer plan
- •1. The Development of Divorce Law
- •Irretrievable breakdown--------None of the 5 facts proved----------No divorce possible
- •Irretrievable breakdown-------- One of the 5 facts proved------------Divorce possible
- •Key definition
- •3. Bars to divorce
- •4. Divorce Procedure
- •1) Undefended divorce
- •2) Defended Divorce
- •5. Effects of Divorce
- •6. Recognition of a Foreign Divorce
- •Essay question
- •1. A presumption of death
- •2. Devolution of Property by Will (Testate Succession)
- •3. Devolution of Property without Will (Intestate Succession)
- •1. Who are the parents of the child?
- •Essay question
- •Key definition
- •3. Parental responsibility
- •Problem area
- •Essay question
- •General Test
1. A presumption of death
The general common law presumption of death which may be raised by seven years' absence3 is specifically applied to these proceedings by s 19(3), which provides:
*... the fact that for a period of seven years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other part until the contrary is proved.'
2. Devolution of Property by Will (Testate Succession)
KEY DEFINITION
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Will. A document by which a person (testator) appoints executors to administer his estate after his death, and directs the manner in which it is to be distributed to the beneficiaries he specifies.
Testate. Having left, at one’s death, a legally valid will.
Succession. The law and procedures under which beneficiaries entitled to property under the testator's will or on intestacy.
There are several types of wills.
KEY DEFINITION
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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 will. The parties agree to make wills in similar terms and to be bound to dispose of their estate in a specified manner.
Contested Wills
A contested will is one which, has had its validity questioned by an interested party or is challenged under the 1975 Act of Family and Dependants. There are many circumstances that can lead to a will being contested. Doubts such as the mental capacity of the will maker, or drastic changes in a will when compared to previous versions. Suspicion can also arise if it is believed that a person was influenced or put under undue pressure when making a will.
There are six possible types of people who can contest a will:
The spouse (wife or husband) of the deceased
A former spouse who has not remarried
A child of the deceased
Anybody who was treated by the deceased as their own child in relation to a marriage. This person is not a child of the deceased
Anybody who was being maintained by the deceased prior to the death who does not fall into any of the above claimant types
Anybody who has been living with the deceased for a period of no less than 2 years prior to the death and has been doing so as a common law spouse. This person cannot be a spouse or former spouse.
Can you change will once it is done?
Do you need to tell anyone about your will?
What happens if you get married or divorced?
What are executors and who is allowed to be one?