PhD shusinecpravohr FAMILY LAW What is regulated by FAMILY LAW How would you define a FAMILY Read the introduction to the text and find the ID: 911537
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Slide1
Unit 17Family LawSnježana Husinec, PhDshusinec@pravo.hr
Slide2FAMILY LAWWhat is regulated by FAMILY LAW?How
would
you
define
a FAMILY?
Read
the
introduction
to the
text
and
find
the
definitions
:
FAMILY LAW = _______________________________
FAMILY = ____________________________________
What
types
of
formal
relationships
between
a
couple
besides
MARRIAGE
do
you
know
of
?
Slide3Types of relationships in England and Wales
MARRIAGE
(
Marriage
Act
2013 – “
Marriage
of
same-sex
couples
is
lawful
”)
CIVIL PARTNERSHIP
(Civil
Partnership
Act
2004)
LIVING TOGETHER (COHABITATION
)
…………………………………………………………………………………………………
SCOTLAND
–
Marriage
and
Civil
Partnership
Act
2014 –
Marriage
of
same-sex
partners
is
lawful
NORTHERN IRELAND
–
marriage
of
same-sex
couples
is
recognised
as
a
civil
partnership
MARRIAGE and CIVIL PARTNERSHIPI Discuss the following questions with
your
partner.
How
would
you
define
MARRIAGE
and
how CIVIL PARTNERSHIP?
Who
can
marry
and
who
can
be
civil
partnered
? Are
there
any
preconditions
for
entering
these
unions
?
How
can
a MARRIAGE
or
a CIVIL PARTNERSHIP
end
?
II
Read
the
part
of
the
text
about
Marriage
and
Civil
partnership
and
check
your
answers
.
Slide5Definition and ending of a Marriage or Civil Partnership
I
Find
in
the
text the definitions of MARRIAGE and CIVIL PARTNERSHIP.MARRIAGE = ___________________________________________________________________CIVIL PARTNERSHIP = ____________________________________________________________II Fill in the information about ending a marriage or a civil partnership from the text.Explain the difference between TERMINATION and ANNULMENT.
1.
2.
3.
MARRIAGE
death
CIVIL PARTNERSHIP
death
Slide6VOID or VOIDABLERead the text and fill in the missing
information
.
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 parties is already ___________________________If certain __________________ are disregarded.VOIDABLEwithout due consent (eg
. ____________, duress or _____________)
_________________
by
another
man
when
entering
into
marriage
marriage
wasn’t
consumated
(
doesn’t
apply
to same-sex
partners
)
if
either
party
was
suffering
from
mental
disorder
Slide7The principal form of relief for a void or voidable marriage is a DECREE OF NULLITY.
Consider
what
you
have
learned about void and voidable marriages. Decide if a decree of nullity could be granted in the following example cases.E.g. I - Marc remarried 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
s
ought
a decree of nullity on the basis that he was induced to marry his wife by her fraudulent declarations of love.
E.g
. III
-
Sarah
was pressured by her parents and at age 16 participated in an arranged marriage.
She
did
not
want 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
and
Brenda
are
first
cousins
from
California
.
They
got
married
in
England
.
Slide8English marriage lawsDURESS --- CONSANGUINITY --- YOUTH --- VOID MONOGAMOUS --- VOIDABLE --- PARENTAL CONSENT
1.
Both members of the couple must be aged 16 or over.
2.
You can't already be married (see bigamy).
3.
Can't be too closely related
.
4. Under 18s must gain their parent's or guardian's consent, otherwise it is a criminal offence, although the marriage would still be valid.
5. Marriages involving under-16s are not recognized by law.
6.
No one can be forced to marry against their wishes.
Slide9Civil partnershipWhat are the rights and responsibilities of civil partners?What are the legal
preconditions
for
entering
into
civil
partnership?Do you expect them to be similar to those for marriage?
Slide10CIVIL PARTNERSHIP-same rights and responsibilities as marriage;
can be ended if one of
the
partners
dies, or by applying to court to bring the partnership legally to an end
(
cannot
be brought to an end if it has not lasted at least a year)PRECONDITIONSmarriageable age 16 or over (youth)neither of the partners can already be married or a civil partner partners cannot be
close blood relatives
(
consanguinity
)
partners
need
to
have
lived
in
the
same area in England or Wales for at least seven days
PARENTAL CONSENT –
needed
for
those
between
16
and
18
MARRIAGE ACT 2013 – civil
partnership
can
be
converted
into
marriage
Slide11Living together (cohabitation)= A living arrangement whereby a couple who is not married
or
a
couple
who
have
not registered a 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. - a living 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 for children, ownership of property, ownership of jointly owned possessions)
Slide12Croatian marriage lawsFind the preconditons for a valid marriage and civil partnerships in Croatia?
What
makes
a Croatian
marriage
void
or voidable?
Slide13DIVORCERead the text and explain the grounds for divorce
according
to the
Matrimonial
Causes
Act 1973.The basic ground for divorce ______________________________ needs to be supported by one of the following facts:(Match them with their definitions in the text.)DESERTION = UNREASONABLE BEHAVIOUR =ADULTERY =
FIVE YEAR’S SEPARATION WITHOUT CONSENT =TWO YEAR’S SEPARATION WITH CONSENT =
Slide14Fault vs. No-Fault divorceNo-Fault
divorce
-
Divorce
by consent
(
also
uncontested divorce):- parties are not required to prove that either was at fault for the breakdown of the marital relationship or that specific grounds exist for a divorce - the petitioner must only show incompatibiliy, irreconcilable differences, and irremediable breakdown of marriage (most USA states)
Fault divorce
(
contested
divorce
):
- a
divorce granted for reasons which are typically enumerated
in
law
-
requires
proof
by
one party
that
the
other
party
has
committed
a
fault
which
is
incompatible
to the
marriage
- a
n action for divorce maintained by a husband or wife to
procure
a
judgment
divorcing
the parties and dissolving the
marriage
on any of the
legal
grounds
(
England
and
Wales)
Slide15DIVORCE PROCEDUREfiling/issuing a DIVORCE PETITION
PETITIONER RESPONDENT
g
ranting
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 (legal document that ends the marriage; can be applied 6 weeks and one day after decree nisi)
Slide16Consequences of divorceThe legal process for divorce
may
also
involve
issues
of:spousal support (alimony; maintenance)child custodychild supportdistribution of property division of debt
Slide17Divorce in CroatiaLook into the Croatian Family Act 2015 and find
the
grounds
for
divorce
in
Craotia.______________________________________________________…
Slide18DOMESTIC VIOLENCEWhat forms can domestic violence take?
What
are
possible
cosequences
of
domestic violence?Find a definition of DOMESTIC VIOLENCE in the text.DOMESTIC VIOLENCE = _______________________________________________________________________________________What can a victim of domestic violence do to protect herself/himself?
Slide19From the Family Law Act 1996Read the excerpt from the Family
Law
Act
1996.
Do ex. I, II, III,
and
IV.Research into the Croatian Family Act 2015 and check how the same issues are regulated there.
Slide20Compare 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
žene i muškarca.‘II Croatian Family Act (2015)Članak 12. Brak je zakonom uređena životna zajednica žene i muškarca. Članak 13. (1)Brak se sklapa suglasnom izjavom žene i muškarca u građanskom ili vjerskom
obliku. (2)
Brak
u
građanskom
obliku
sklapa
se
pred
matičarom
.
(3)
Brak
se u
vjerskom
obliku
s
učincima
građanskoga
braka
sklapa
pred
službenikom
vjerske
zajednice
koja
s
Republikom
Hrvatskom
o tome
ima
uređene
pravne
odnose
.