Marriage Law (U.K.) Trivia Quiz

Answer: True

Marriage is defined as 'the voluntary union for life of one man and one woman to the exclusion of all others' as set out in the case of Hyde v Hyde. It is important to note the phrases 'voluntary union', 'for life', 'one man and one woman' and 'the exclusion of all others' as these are demonstrated more clearly when considering the requirements for a valid marriage.

Answer: 16

In order to marry, both the man and woman must be at least 16 years old, according to the Age of Marriage Act 1929. However, anyone marrying who is below the age of 18 (16 or 17) who wishes to get married must have consent from a parent or guardian.

Answer: Marriage (prohibited degrees of relationship) Act 1986

The Marriage (prohibited degrees of relationship) Act 1986 and Marriage Act 1949 state that the people getting married must not be related closely by blood. For example, mother, son, sister, aunt etc. This was mainly for medical (genetic problems) and social reasons (public policy).

Answer: Section 57

Bigamy is a criminal offence under section 57 of the Offences Against the Person Act 1861. Therefore, for a marriage to be valid, neither of the couple must have been legally married before. If they have been married before, they have to have been legally divorced.

Answer: Gender

The case of Corbett v Corbett (1970) determined that both parties must be of the opposite sex - that is to say that there is one male and one female who are marrying - and that the gender was determined by whatever was recorded on the birth certificate.

In the case in question, the 'wife' was actually recorded as a male on 'her' birth certificate and had had a sex change. Since at the time "same sex" marriages were not legal in the UK, it was determined that any marriage between a man and another man who had had a sex change should be declared invalid.

Answer: All of these

In addition to these, the service must be conducted by an authorised person, such as a priest and has to take place in an authorised building. The type of marriages where this does not have to apply are Jewish and Quaker marriages.

Answer: General Licence

To marry in the church of England the couple must apply for a licence if they do not wish for banns to be read.

A common licence, issued by a bishop, means that one of the parties must live within the parish of the church at least 15 days before the wedding.

A special license is only granted by the Archbishop of Canterbury and allows couples to marry anywhere at anytime.

A superintendent registrar's certificate is when a couple give notice of their intended marriage to the registry office which is recorded in a book that can be viewed by the public in case there are any objections to the marriage. After 21 days, if there have been no objections, the couple receive a certificate authorising their marriage.

Answer: Section 11

The Matrimonial Causes Act 1973, under section 11, states that a marriage will be made void if one of the requirements is absent. Therefore, the marriage will have no legal effect.

Answer: invalid

Under section 12 of the Matrimonial Causes Act 1973, there are 5 reasons that a marriage can be annulled. An annulment is when the marriage is declared invalid, although it is not a divorce.

Answer: One is below the age of 16

Although a marriage will not be legal if one party is under the age of 16, this means that the marriage will be made void, it won't be annulled. For a marriage to be annulled the parties must show that the bride is/was pregnant by another man, there was no consent, no consummation, an STD that the other partner was not aware of and a mental disorder making one party unfit to marry.

Answer: Mistake

Mistake is demonstrated by the case of Valier v Valier (1925) when an Italian understood little English and thought that the marriage ceremony was actually a ceremony for their engagement.

There is also duress, when there is a threat of death or injury which caused one party to marry the other. The case of Hirani v Hirani (1982) demonstrates this, when a 19 year old Hindu girl was forced, by her parents, to marry. This was still duress even though there was no evidence of a threat of violence

Answer: Yes

A marriage can be annulled and made voidable for this reason only if it was at the time of the marriage and when the groom knew nothing about it at that time. Otherwise, this is not an acceptable reason for annulment.

Answer: Share of income

Either a male or female has a right to apply for a maintenance order, even when there is evidence of adultery or desertion, although this is likely to effect the amount of maintenance.

Cohabitation is when the couple live together, although this is not a legal requirement, it is acceptable for a married person to expect their spouse to live with them.

The right to inherit obviously refers to wills and if someone dies without a will (intestate) then it is expected that their spouse inherits the estate (or at least most of it). Even after being disinherited, a spouse can still make a claim for part of the estate.

Answer: 16

A couple must maintain their child, or children, until they are 16 years old. If a child remains in further education, this is longer. This basically means that parents have to provide their children with necessities, such as clothes, food, school equipment etc. It is a criminal offence to 'willingly neglect' a child.

Answer: False

Parents must ensure that their children receive and education and are protected from dangers. For example, they cannot leave a child younger that 12 years old in a room alone with an unguarded fire.