Self test questions: Families, civil partnerships, and cohabitation

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. Which of the following is not an element of the definition of marriage set out in Hyde v Hyde?

Voluntary correct incorrect

Until ended by divorce or judicial separation correct incorrect

One man and one woman correct incorrect

To the exclusion of all others correct incorrect

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. True or false? Polygamous marriages lawfully entered into abroad, where the couple are normally domiciled in England will be valid in England.

True correct incorrect

False correct incorrect

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. Which two of the following elements apply equally to marriages and civil partnerships?

The sexes of the parties correct incorrect

Whether words need to be spoken to enter into the union correct incorrect

Whether the parties are within the prohibited degrees of relationship correct incorrect

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. True or false? Where parties have lived together for five years or have children together they may have a common law marriage which allows them property claims against one another in the event of their relationship breaking down.

True correct incorrect

False correct incorrect

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. Which of the following is not a difference between the position of married people/civil partners and cohabitees?

Married people/civil partners have rights to occupy the family home under s 30 Family Law Act 1996 whereas cohabitants do not correct incorrect

Married people/civil partners can apply for injunctions under the Family Law Act 1996 whereas cohabitants cannot correct incorrect

Married people/civil partners can claim maintenance from their former partner after the relationship breaks down whereas cohabitants cannot correct incorrect

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. Which of the following methods of establishing an interest in property is the most straight forward?

Express trust correct incorrect

Resulting trust correct incorrect

Constructive trust correct incorrect

Proprietary estoppel correct incorrect

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. Which of the following elements is not needed to establish a constructive trust?

A common intention that both parties should have a beneficial interest correct incorrect

The claimant must have acted to his detriment on the basis of the common intention correct incorrect

It would be unconscionable to deny the claimant relief correct incorrect

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. Where a party establishes a share in property through proprietary estoppel, which of the following best describes the court's approach towards quantifying it?

The party's share will be what the legal title provides correct incorrect

The party's share will be the minimum required to do justice between the parties correct incorrect

The party's share will be what he or she alleged it to be in argument correct incorrect

The party's share will be the amount which equity determines is fair as between the parties correct incorrect

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. Which of the following statements is incorrect?

Where one cohabitant (A) leaves property to another cohabitant (B) in his Will, B must make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) to receive anything correct incorrect

A former cohabitant can claim under the IPFDA as a person maintained by the deceased correct incorrect

A former cohabitant can claim under the IPFDA as a cohabitant of two years or more correct incorrect

Under IPFDA a cohabitant can only claim such financial provision as it would be reasonable in all the circumstances of the case for him or her to receive for his maintenance correct incorrect

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. True or false? Although a lesbian or gay couple may now marry, a heterosexual couple may not enter into a civil partnership.

True correct incorrect

False correct incorrect