Chapter 2 Self-test questions

. The majority of adults in the UK are married. True or false?

. When introduced in 2004, what was the main difference between civil partnership and marriage?

. When did the state first regulate weddings?

. What was the unintended consequence of the Marriage Duty Act 1695?

. In the 18th Century, a married woman had no legal status as a person, and was completely under the control of her husband. True or false?

. It is generally considered that women have legal equality in marriage. True or false?

. Which of the following statements is correct in relation to marriage of a minor?

. The rules of getting married vary depending on where the wedding takes place, but in all venues, there is a requirement is that notice of the intention to marry must be given 28 days before the wedding. True or false?

. What are the requirements for a civil marriage? Choose all that apply.

. A marriage ceremony that takes place in a place of worship other than the Church of England can never be a valid marriage. True or false?

. What is a void marriage?

. Which of the following grounds renders a marriage void? Choose all that apply.

. Parties are only within the prohibited degrees of a relationship if they have a close blood relationship. True or false?

. Which of the following statements is correct?

. If there are errors in the formalities, the marriage will always be void.

. In Hudson v Leigh [2009] EWHC 1306 why was the ceremony declared a non marriage?

. In Attorney General v Akhter and Khan [2020] EWCA Civ 122 the Court of Appeal held that:

. The most important difference between a void marriage and a non-marriage is financial. True or false?

. How did the rules in relation to marriages change in 1994?

. If the Law Commission proposals to reform wedding are implemented, what will the key elements of a lawful wedding be?

. Which of the following statements in correct?

. Non-consummation is not a ground for annulling a same-sex marriage. True or false?

. InJodha v Jodha [1960]1 WLR 236 the husband applied for the marriage to be annulled on the ground of wilful refusal to consummate. What was the outcome of the case?

. The test to determine whether a person consented to a marriage under duress is subjective. True or false?

. Which of the following statements about mistake and consent is correct?

. Which of the following statements in relation to capacity to consent to marriage are correct?

. Which ground for nullity can be found in s12(1)(d) of the MCA 1973

. A civil partnership cannot be annulled if at the time of the event one party was suffering from a sexually transmitted infection. True or false?

. Which of the following statements in relation to gender transition and marriage is correct?

. Which of the following statements is correct in relation to statutory bars to annulment?

. Approximately how many cases of forced marriage does the government's Forced Marriage Unit deal with every year?

. How is force defined in s.63A(6) Family Law Act 1996?

. The majority of forced marriage protection orders are made in relation to young people aged 17 or under. True or false?

. What type of orders might be made under s.63B Family Law Act 1996? Choose all that apply.

. Which Act introduced the criminalisation of forced marriage?

. A forced marriage can always be annulled on the ground of lack of valid consent.

. Which of the following statements in relation to foreign marriages is correct?

. A polygamous marriage entered into in England or Wales can be valid as long the parties intend to live in a country that permits polygamy. True or false?

. If there is difficulty providing evidence that a marriage took place, for example because the records were destroyed in a fire, which of the following best describes the legal position of the marriage?

. Which of the following statements in relation to common law marriage is correct?

. When two people marry, all their property is jointly owned. True or false?

. Which of the following is relevant on the death of a spouse but not a cohabitant? Choose all that apply.

. If one of the parties in a partnership is a British citizen, their partner or spouse will have an automatic right to live in the UK. True or false?

. A married couple must have the same surname. True or false?

. What did the Canadian Law Commission propose in 2001?

. In the Oxford Centre of Law and Policy of the Family study of those who married in the 1980s, what was the most common reason why people married?

. Consider Schalk and Kopf v Austria (Application no 30141/04)(2010). Which of the following statements is correct?

. The case of Oliari and Others v Italy (2015) has led to a recognition in European human rights law that same-sex couples should be treated equally with opposite sex couples. True or false?

. In relation to marriage, what did Kenneth Mck Norrie argue?

. When they were first introduced in 2004, civil partnerships were only available to heterosexual couples. True or false?

. Which of the following would mean that a civil partnership will be void? Choose all that apply.

. In what way were pension rights for civil partnership found to be unlawful in Walker v Innospec Limited and others [2017] UKSC 47?

. What happened following the ruling in Steinfeld and Keidan [2018] UKSC 32?

. When were same-sex marriages introduced?

. One of the few differences between same-sex marriage and opposite sex marriage is that religious organisations can only conduct same-sex weddings if the opt-in to doing so by providing written consent. True or false?

. Civil partners need to go through a fresh ceremony if they wish to convert the partnership to a same-sex marriage. True or false?

. Owain and Peter were together for 40 years. They decided celebrate their relationship with a wedding a year ago. The ceremony was held in their back garden with friends and Owain's family present. They made solemn vows to one another to love, honour and cherish each other until death. The ceremony was presided over by a close friend who had been a Church of England priest, but left the priesthood several years ago. They intended to formalise the wedding with a small registrar office service at a later date. Sadly, Peter died of a heart attack only a few weeks after the wedding. Peter's family never accepted the relationship and his sister has told Owain he will need to move out of the couple's home as it was owned in Peter's sole name. Owain thinks that under intestacy rules he should inherit the property as he was Owain's husband. What is the legal status of Owain and Peter's marriage?

. Ryan and Suzie both have Downs Syndrome. They are both in their mid-twenties and met at a day care centre for adults with learning disabilities that they both attend two days a week. Ryan lives at home with his mother and Suzie lives in supported accommodation. Suzie and Ryan are in love and are having a relationship. The social workers at the day care centre have discussed this with them and are satisfied that they both have capacity to consent to sexual relations. They have discussed safe sex and contraception with them. Ryan and Susie want to get married and live together. Ryan has told his social worker and the registrar that he understands that he and Susie will live together when they are married and they will love each other. Ryan's mother is furious. She says that Ryan does not have capacity to enter into a marriage and has told Suzie and Ryan that even if they go ahead with the wedding, it won't be a valid marriage. Ryan is very upset as he really wants to get married and move into supported accommodation with Suzie. What advice would you give Ryan?

. Tasneem is 17 years old. She lives with her parents and her two brothers in England. Her grandparents live in Pakistan and, when she was a young child, she spent six weeks every summer living with them. She has not been to visit them for the past seven years. This year they are planning a trip to Pakistan. Tasneem is going to travel with her father to her grandparents' village, while her mother and brothers stay in England. Tasneem has been looking forward to seeing her grandparents, but her older brother Wahid recently made a comment about his baby sister coming back as a bride. When she asked what he meant he said it was a joke. Her younger brother Yaseed has told her that it is not a joke and that her father and grandfather have arranged a marriage for her. Yaseed has begged her not to tell anyone she knows as he will get into terrible trouble. He has said that she will not have a choice; the marriage is arranged and they have not told her because they know she won't agree. Tasneem is horrified. She does not want to get married to a man she has never met. She has told a teacher, Zohal, at school about the planned marriage. Zohal wants to help Tasneem. What are the options available to Zohal?

. Eliza and Trey have been together for 14 years and have decided to formalise their relationship. Eliza wants to have a civil partnership, but Trey is worried that this is somehow inferior to a marriage and that they will not have same level of rights and protections as civil partners as they would if they were married. One of the reasons that Eliza wants to formalise their relationship is that she if financially much better off than Trey and wants him to be protected financially if anything were to happen to her or the relationship were to break down. The couple have two children who are 10 and 12 years old. Trey is their main carer but is not named on the birth certificates. Eliza wants Trey to be able to have parental responsibility for the children. Advise Trey as to whether there are any significant differences between marriage and civil partnership.

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