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Marriage Definition Requirements for a valid marriage Bars to marriage Void and voidable marriage Marriage as a contract.

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Presentation on theme: "Marriage Definition Requirements for a valid marriage Bars to marriage Void and voidable marriage Marriage as a contract."— Presentation transcript:

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2 Marriage Definition Requirements for a valid marriage Bars to marriage Void and voidable marriage Marriage as a contract

3 Marriage in the past -historically the English Common Law required nothing for the celebration of a marriage beyond the declared agreement of the parties

4 Common-law marriage A marriage that takes legal effect without licence or ceremony; “marriage by habit and repute”A marriage that takes legal effect without licence or ceremony; “marriage by habit and repute” traces its roots to the English ecclesiastical courts, which until 1753 recognized a kind of informal marriage known as sponsalia per verba de praesenti, which was entered into without ceremonytraces its roots to the English ecclesiastical courts, which until 1753 recognized a kind of informal marriage known as sponsalia per verba de praesenti, which was entered into without ceremony Authorized in 11 states in the US as the full equivalent of a ceremonial marriageAuthorized in 11 states in the US as the full equivalent of a ceremonial marriage Also: consensual marriage, informal marriageAlso: consensual marriage, informal marriage

5 The formalities today A marriage must be celebrated in the presence of a clergyman of the Church of England, or (since 1836) of a Registrar of Marriages, or (since 1898) of an ‘authorized person’A marriage must be celebrated in the presence of a clergyman of the Church of England, or (since 1836) of a Registrar of Marriages, or (since 1898) of an ‘authorized person’ Two persons must be present as witnessesTwo persons must be present as witnesses

6 Definitions a voluntary union for life of one man and one woman to the exclusion of all othersa voluntary union for life of one man and one woman to the exclusion of all others -a contract based upon a voluntary private agreement by a man and a woman to become husband and wife -act or state of being joined as husband and wife

7 Requirements for a valid marriage Monogamous (not necessarily one man and one woman – same-sex marriage made legal in 2002 in the Netherlands)Monogamous (not necessarily one man and one woman – same-sex marriage made legal in 2002 in the Netherlands) For life (the intention of both parties must be a union for life, regardless of the availability of divorce)For life (the intention of both parties must be a union for life, regardless of the availability of divorce) Voluntary (as any other contract, it must be entered into voluntarily, without coercion)Voluntary (as any other contract, it must be entered into voluntarily, without coercion)

8 Conditions for a valid marriage 1) parties legally capable of contracting to marry1) parties legally capable of contracting to marry 2) mutual consent or agreement2) mutual consent or agreement 3) an actual contract in the form prescribed by law3) an actual contract in the form prescribed by law

9 Bars to marriage Youth (the age of consent; now 18, before 1969 it was 21)Youth (the age of consent; now 18, before 1969 it was 21) Consanguinity (close blood relation)Consanguinity (close blood relation)

10 Void marriage If either party is under sixteenIf either party is under sixteen If parties are related by blood:If parties are related by blood: 1. Ascendants and descendants, e.g. parent and child, grandparent and grandchild1. Ascendants and descendants, e.g. parent and child, grandparent and grandchild 2.Brother and sister, uncle and niece, nephew and aunt2.Brother and sister, uncle and niece, nephew and aunt 3. Persons who, by reason of the previous marriage of one of them, are related – changed by the Marriage Act of Persons who, by reason of the previous marriage of one of them, are related – changed by the Marriage Act of 1986

11 Marriage Act, 1986 A man may marry his stepmother, or a woman her stepfather, provided that the younger person is aged at least 21 and has not at any time before reaching the age of 18 lived as a child of the family of the older personA man may marry his stepmother, or a woman her stepfather, provided that the younger person is aged at least 21 and has not at any time before reaching the age of 18 lived as a child of the family of the older person Marriage between in-laws also permittedMarriage between in-laws also permitted

12 Bigamy A marriage celebrated between two persons, one of whom is at the time validly married, is voidA marriage celebrated between two persons, one of whom is at the time validly married, is void The person who knowingly enters into such a marriage is guilty of bigamyThe person who knowingly enters into such a marriage is guilty of bigamy

13 Other types of void marriages Marriages between parties who are not male and femaleMarriages between parties who are not male and female A polygamous marriage entered into outside England and Wales, if either party was at the time domiciled in England and WalesA polygamous marriage entered into outside England and Wales, if either party was at the time domiciled in England and Wales

14 Voidable marriage Valid initially, but may be set aside because of:Valid initially, but may be set aside because of: Lack of due consentLack of due consent Duress (coercion)Duress (coercion) Mistake as to identityMistake as to identity Mental incapacity (unsound mind)Mental incapacity (unsound mind)

15 Marriage as a contract Marriage is a contract, but it is not like other contracts because:Marriage is a contract, but it is not like other contracts because: The parties cannot agree on the rules governing marriageThe parties cannot agree on the rules governing marriage The parties cannot agree what is to be regarded as a breach of contract (because it must be for life), nor what compensation should be paid in case of such a breach (a different type of contract regulates this: prenuptial agreement)The parties cannot agree what is to be regarded as a breach of contract (because it must be for life), nor what compensation should be paid in case of such a breach (a different type of contract regulates this: prenuptial agreement)

16 Vocabulary Ecclesiastical courts – crkveni sudoviEcclesiastical courts – crkveni sudovi Registrar – matičarRegistrar – matičar Coercion (duress) – prisila, prinudaCoercion (duress) – prisila, prinuda Consent – pristanak, privolaConsent – pristanak, privola Bars to marriage – zapreke brakuBars to marriage – zapreke braku Consanguinity – krvno srodstvoConsanguinity – krvno srodstvo Dissolution of marriage – razvrgnuće brakaDissolution of marriage – razvrgnuće braka

17 Vocabulary II Valid marriage – važeći brakValid marriage – važeći brak Void marriage – ništavan brakVoid marriage – ništavan brak Voidable marriage – poništiv (pobojan) brakVoidable marriage – poništiv (pobojan) brak Breach of contract – raskid ugovoraBreach of contract – raskid ugovora Prenuptial agreement – predbračni ugovorPrenuptial agreement – predbračni ugovor

18 Comprehension check Complete the following sentences:Complete the following sentences: A mariage entered into under duress is ________________.A mariage entered into under duress is ________________. Bars to marriage are youth and ________________.Bars to marriage are youth and ________________. A valid English marriage must be monogamous, for life and _____________.A valid English marriage must be monogamous, for life and _____________.


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