1 / 20

Family Law: Regulating Relationships and Unions

Explore the regulations of family law and the definitions of family, marriage, civil partnership, and cohabitation. Learn about the preconditions and ending of marriages and civil partnerships, as well as the rights and responsibilities of civil partners. Discover the legal aspects of living together and the laws surrounding marriage in Croatia.

livengood
Download Presentation

Family Law: Regulating Relationships and Unions

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Unit 17FamilyLawSnježana Husinec, PhDshusinec@pravo.hr

  2. FAMILY LAW • Whatisregulatedby FAMILY LAW? • How wouldyoudefinea FAMILY? Read the introduction to the textandfind the definitions: FAMILY LAW = _______________________________ FAMILY = ____________________________________ Whattypesofformalrelationshipsbetween a couple besidesMARRIAGE do youknowof?

  3. TypesofrelationshipsinEnglandand Wales MARRIAGE (MarriageAct 2013 – “Marriageof same-sex couplesislawful”) CIVIL PARTNERSHIP (Civil PartnershipAct 2004) LIVING TOGETHER (COHABITATION) ………………………………………………………………………………………………… SCOTLAND – Marriageand Civil PartnershipAct 2014 – Marriageof same-sex partnersislawful NORTHERN IRELAND – marriageof same-sex couplesisrecognised as a civil partnership

  4. MARRIAGE andCIVIL PARTNERSHIP I Discuss the followingquestionswithyour partner. • How wouldyoudefine MARRIAGE and how CIVIL PARTNERSHIP? • Who canmarryandwhocanbe civil partnered? Are thereanypreconditions for enteringtheseunions? • How can a MARRIAGE or a CIVIL PARTNERSHIP end? II Read the partof the textaboutMarriage and Civil partnershipand checkyouranswers.

  5. Definitionandendingof a Marriageor Civil PartnershipI Findinthetextthedefinitionsof MARRIAGE and CIVIL PARTNERSHIP.MARRIAGE = ___________________________________________________________________CIVIL PARTNERSHIP = ____________________________________________________________II Fillin the informationaboutending a marriageor a civil partnershipfrom the text.Explain the differencebetween TERMINATION and ANNULMENT.

  6. VOID or VOIDABLERead the textandfillin the missinginformation. VOID • if either party is under _____– the ceremony is performed – marriage is not valid – void ab initio) • If the parties are ___________________________ • If one of the partiesisalready ___________________________ • Ifcertain __________________ are disregarded. VOIDABLE • without due consent (eg. ____________, duressor _____________) • _________________ byanothermanwhenenteringintomarriage • marriagewasn’tconsumated (doesn’tapply to same-sex partners) • ifeither party wassufferingfrommentaldisorder

  7. The principal form of relief for a voidorvoidablemarriage is a DECREE OF NULLITY.Considerwhatyouhavelearnedaboutvoidandvoidablemarriages. Decideif a decreeofnullitycouldbegrantedin the followingexamplecases. E.g. I - Marcremarried in 1986, 3 years after meeting wife number two. The marriage certificate said that he was divorced. That was untrue. The husband married  wife number one in 1975, separated from her in 1979 but only finally divorced her in 1995, 9 years after remarrying. E.g. II - John soughta decree of nullity on the basis that he was induced to marry his wife by her fraudulent declarations of love.  E.g. III - Sarahwas pressured by her parents and at age 16 participated in an arranged marriage. Shedidnotwant to go through with the ceremony and told the Court that: “. . . My parents insisted I go through with it and I could not stand up against them”.  E.g. IV – Denis andBrenda are firstcousinsfromCalifornia. TheygotmarriedinEngland.

  8. Englishmarriage laws DURESS --- CONSANGUINITY --- YOUTH --- VOID MONOGAMOUS --- VOIDABLE --- PARENTAL CONSENT

  9. Civil partnership • What are the rights and responsibilitiesof civil partners? • What are the legalpreconditions for enteringinto civil partnership? • Do youexpectthem to besimilar to those for marriage?

  10. CIVIL PARTNERSHIP -same rightsandresponsibilities as marriage; can be ended if one of the partners dies, or by applying to court to bring the partnership legally to an end (cannotbebrought to anendifithasnotlasted at least a year) PRECONDITIONS • marriageable age 16 orover (youth) • neitherof the partnerscanalreadybemarriedor a civil partner • partnerscannotbeclosebloodrelatives (consanguinity) • partnersneed to havelivedin the same area in England or Wales for at least seven days PARENTAL CONSENT – needed for thosebetween 16 and 18 MARRIAGE ACT 2013 – civil partnershipcanbeconvertedintomarriage

  11. Livingtogether (cohabitation) = A living arrangement whereby a couple who is not married or a couplewhohavenotregistereda civil partnership live together in the same household. = The term can apply to opposite sex or same-sex couples. = The law gives cohabiting couples fewer rights on separation or death than for civil partners or married couples. - aliving together agreement or cohabitation contract= if you want to set down your legal rights in certain areas of your relationship with your partner, you can make an official agreement that will be recognised by the courts. This is known as • (eg. shared responsibility forchildren, ownership of property, ownership of jointly owned possessions)

  12. Croatian marriagelaws • Find the preconditons for a validmarriage and civil partnershipsin Croatia? • Whatmakes a Croatian marriagevoidorvoidable?

  13. DIVORCE • Read the textandexplain the grounds for divorceaccording to the MatrimonialCausesAct 1973. Thebasicground for divorce______________________________needs to besupportedby one of the followingfacts: (Matchthemwiththeirdefinitionsin the text.) • DESERTION = • UNREASONABLE BEHAVIOUR = • ADULTERY = • FIVE YEAR’S SEPARATION WITHOUT CONSENT = • TWO YEAR’S SEPARATION WITH CONSENT =

  14. Fault vs. No-Faultdivorce • No-Faultdivorce - Divorce by consent (alsouncontesteddivorce):- parties are not required to prove thateither was at fault for the breakdown of the marital relationship or that specific grounds exist for a divorce - the petitionermust only show incompatibiliy, irreconcilable differences, andirremediablebreakdownofmarriage (most USA states) • Faultdivorce (contesteddivorce): - a divorce granted for reasons which are typically enumeratedin law - requiresproofby one party that the other party hascommitted a fault whichisincompatible to the marriage - an action for divorce maintained by a husband or wife to procure ajudgment divorcing the parties and dissolving the marriage on any of the legalgrounds (Englandand Wales)

  15. DIVORCE PROCEDURE filing/issuing a DIVORCE PETITION PETITIONER RESPONDENT granting a DIVORCE DECREE a) a DECREE NISI (an order of the Court confirming that the grounds for the divorce have been proved and that the marriage has irretrievably broken down) b) a DECREE ABSOLUTE (legaldocumentthatends the marriage; canbeapplied 6 weeksand one dayafterdecree nisi)

  16. Consequencesofdivorce The legalprocess for divorcemayalsoinvolveissuesof: • spousalsupport (alimony; maintenance) • childcustody • childsupport • distributionofproperty • divisionofdebt

  17. Divorcein Croatia • Lookinto the Croatian FamilyAct 2015 and find the grounds for divorceinCraotia. • ___________________________ • ___________________________ • …

  18. DOMESTIC VIOLENCE • Whatformscandomesticviolence take? • What are possiblecosequencesofdomesticviolence? • Find a definitionofDOMESTIC VIOLENCE in the text. DOMESTIC VIOLENCE = ________________________________ _______________________________________________________ • Whatcan a victimofdomesticviolence do to protectherself/himself?

  19. From the FamilyLawAct 1996 • Read the excerptfrom the FamilyLawAct 1996. • Do ex. I, II, III, and IV. • Research into the Croatian FamilyAct2015 and check how the same issues are regulatedthere.

  20. Compare the following articles from Croatian legal acts with English law and translate them into English. I Crotian Constitution Članak 62. stavak 2. 'Brak je životna zajednica ženeimuškarca.‘ II Croatian Family Act (2015) Članak 12. Brak je zakonomuređenaživotna zajednica ženeimuškarca. Članak 13. • (1)Brak se sklapasuglasnomizjavomženeimuškarca u građanskomilivjerskomobliku. • (2) Brak u građanskomoblikusklapa se predmatičarom. • (3) Brak se u vjerskomobliku s učincimagrađanskogabrakasklapapredslužbenikomvjerskezajednicekoja s RepublikomHrvatskom o tome imauređenepravneodnose.

More Related