Unit 22 Marriage
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Unit 22 Marriage
Learning outcomes of the Unit 22 Students will be able to: 1. define marriage 2. explain the conditions for entering into marriage in the UK 3. name and explain special situations related to marriage, such as mental incapacity 4. translate key expressions related to the topic 5. quote /translate basic provisions of the Croatian Family Law related to marriage
Definition Marriage is a voluntary union for life of one man and one woman to the exclusion of all others. ga o n o m us o m glish law, however, recognizes dicial divorce (dissolution of marriage) e intention of the parties must be union for life.
Regulations about starting a marriage Marriage is one of the easiest contracts to enter into,but it has far reaching consequences: - for the parties themselve, for their childern, for the whole society
Who can marry? 1. The age factor – required majority (lowered from 21 to 18 by the Family Reform Act 1969) - - if either party is under 16, there can be no marriage (if a ceremony is performed, it is not valid) if one of the parties is 16 or over, but under 18, the consent of both parents is needed 2. The question of consanguinity Relationship by blood is the second chief bar to marriage.
Void or voidable A marriage will be voidable: - if entered without due consent if entered under dures if there is mistake concerning identity. Fraud, apart from deception concerning identity, is not a reason for a voidable marriage: - a man deceives a woman as to his fortune or his status - a woman deceives a man concerning her virginity
Mental incapacity and marriage Mental incapacity negates consent Situation until relied on the Lunacy Act from 1890: a lunatic (defined category by law) could not contract a marriage. The Mental Health Act (1959) abolished the classification of the mentally ill as lunatics. Only such mental disorder which prevents the understanding of the nature of the contract can cause the marriage to be voidable.
Expressions from the Unit 11 - conditions for a valid English marriage to be voluntary / monogamous recognize judicial divorce the dissolution of marriage the intention of the parties must be union for life regulations about starting a marriage duties of the parties in marriage to enter into a contract to have far-reaching consequences youth and consanginity are bars to marriage the age of majority is 21/18
Expressions from the Unit 11 – PART II - to lower the age of majority the marriage ceremony is (not) valid the process is void ab initio the consent of parents must be obtained to give consent in a particular form the marriage will not be void, but it may be voidable to rely on the misrepresentation mental incapacity negates consent to be incapable of consent mental disorder the nature of a contract
Connect Croatian and English terms. marriage certificate registration of marriage by Registrar bride and bridegroom office of the Registrar fiancé and fiancée ured matičara zaručnik i zaručnica vjenčani list nevjesta i ženik matičar sklapa brak
Translate. BRAK Članak 5. Brak je zakonom uređena životna zajednica žene i muškarca. I. SKLAPANJE BRAKA Članak 6. Brak se sklapa suglasnom izjavom žene i muškarca u građanskom ili vjerskom obliku. Članak 7. Brak u građanskom obliku sklapa se pred matičarom. Članak 8. Brak se u vjerskom obliku s učincima građanskog braka sklapa pred službenikom vjerske zajednice koja s Republikom Hrvatskom o tome ima uređene pravne odnose.