Self test questions: Nullity

. Which of the following factors are not factors that should be taken into account when deciding whether a marriage is a non-marriage?

Whether the ceremony or event set out or purported to be a lawful marriage

Whether it bore all or enough of the hallmarks of marriage

Whether an impartial observer would believe the ceremony or event constituted a lawful marriage

The reasonable perceptions, understandings, and beliefs of those in attendance

. Which of the following statements about sham marriages is incorrect?

They are void

They may be used as a way to gain residence to a country, to gain a work permit or to claim benefits

The parties do not intend to live together as husband and wife

They are valid

. Which of the following can you marry under English law?

Your cousin

Your adoptive parent

Your parent

Your uncle

. Which of the following statements is true?

Where the parties are under 16 they can marry with parental consent

If a party is subject to a care order they can marry with the consent of the Local Authority

Parties can enter into a civil partnership without consent if they are 17

Where the parties are aged between 16 and 18 they can marry if they have the consent of any relative

. Which of the following is a ground on which a civil partnership would be void?

The parties are of the same sex

It has not been consummated owing to the incapacity of either party to consummate it

The necessary formalities have not been complied with

The respondent was suffering from a venereal disease in a communicable form

. On which of the following grounds could a marriage be voidable?

The parties are within the prohibited degrees of relationship

Either of the parties is under the age of 16

It has not been consummated owing to the willful refusal of the respondent to consummate it

. Which of the following statements are true?

If a marriage is void there is no need to apply for a decree of nullity

If a civil partnership is voidable there is no need to apply for a decree of nullity

If a marriage is void the parties may apply for a decree of nullity so they can apply for financial provision

If a marriage is voidable the parties must apply for a decree of nullity to annul it

. Which of the following statements relating to consummation of a marriage is false?

Consummation is an act of sexual intercourse between a male and a female

Partial and imperfect intercourse may be sufficient to consummate a marriage

The use of contraceptives does not prevent the marriage being consummated

If a couple have intercourse before they marry but not afterwards, this does not consummate the marriage

. Which of the following would not allow a party to obtain a decree of nullity on the grounds of mistake?

Mistake as to a person's name

Mistake as to a person's profession

Mistake as to the nature of the ceremony

Being so drunk that it was not possible to validly consent to the marriage

. Which of the following are bars to nullity?

The petitioner led the respondent to believe that he would not seek to annul the marriage and it would be unjust to the respondent to grant the decree

The annulment is against public policy

The petitioner has not applied for an annulment within three years of the marriage breakdown

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