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Unit  17 Family   Law Snježana Husinec, Unit  17 Family   Law Snježana Husinec,

Unit 17 Family Law Snježana Husinec, - PowerPoint Presentation

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Unit 17 Family Law Snježana Husinec, - PPT Presentation

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

civil marriage partnership divorce marriage civil divorce partnership family act text law partners void consent decree fault domestic legal

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Slide1

Unit 17Family LawSnježana Husinec, PhDshusinec@pravo.hr

Slide2

FAMILY 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

?

Slide3

Types 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

Slide4

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

.

Slide5

Definition 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

Slide6

VOID 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

Slide7

The 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

.

Slide8

English 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.

Slide9

Civil 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?

Slide10

CIVIL 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

Slide11

Living 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)

Slide12

Croatian marriage lawsFind the preconditons for a valid marriage and civil partnerships in Croatia?

What

makes

a Croatian

marriage

void

or voidable?

Slide13

DIVORCERead 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 =

Slide14

Fault 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)

Slide15

DIVORCE 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)

Slide16

Consequences of divorceThe legal process for divorce

may

also

involve

issues

of:spousal support (alimony; maintenance)child custodychild supportdistribution of property division of debt

Slide17

Divorce in CroatiaLook into the Croatian Family Act 2015 and find

the

grounds

for

divorce

in

Craotia.______________________________________________________…

Slide18

DOMESTIC 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?

Slide19

From 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.

Slide20

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

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

.