What is required for a valid marriage?
What is the definition of marriage?
'The voluntary union of one man to one woman to the exclusion of all others' Hyde v Hyde 1866.
Name the two types of ceremonies that you can use to get married?
1. A Church of England Service 2. A Civil Cermony
What is the definition of a civil ceremnoy?
1. All orther marriages, for example civil marriages in a registry office, a marriage in a synagogue or mosque etc. 2. They are authorised by a Superintendent Registrar's certificate.
What are the requirements for a valid marriage?
1. Both parties must be over 16 2. The couple must not be within prohibited degrees, that is they can't be too closely related. 3. Neither party can be married already. 4. Both parties must be of sound mind.
What are the rules for a Church of England marriage?
1. Marriage by banns - The banns must be read on 3 successive Sundays prior to the wedding int he parish church of both parties. 2. Marriage by common license - this is on the authority of the local bishop. The is a 15 day residence requirement. 3. Marriage by special license - Only given by the Archbishop of Canterbury. Given in urgent ases and allows the couple to be married anywhere at any time, for example in a hospitalif someone is dying.
What does this mean in practise?
1. Marriages are meant to be mongamous. 2. Can only be between a man and a woman 3. You cannot be forced into a marriage.
What are the defences against a charge of bigamy?
1. That in good faith you believed your spouse to be dead. or your first marriage was annulled or dissolved. 2. Your spouse has been missing for seven years.
How are prohibited degrees defined?
1. The Marriage Act 1949, as amended by the Marriage Enabling Act 1960 give two complete lists of who you can't marry. 2. This is done for reasons of public policy and to prevent genetic disability in any children from the marriage.
What are the criteria for a Superintendent Registrar's Certificate?
1. The Superintendent Registrar is the Registrar of births, deaths and marriages. 2. Youmust have lived in Britian for 7 days. 3. You must give 15 days notice if there is no objection a certificate is issued. 4. The marriage must take place in a building registered for the purpose, for example a Roman catholic church. 5. This was amended by the Marriage Act 1994 to include premises given a license by the local authority, for example football stadiums.
What are the rules of a marriage by Superintendent Registrar;s Certificate?
1. The marrige must be carried out by an authorised person. 2. there msut be 2 witnesses. 3. Must take place between 8.00 am and 6.00 pm 4. The ceremony must be open to the public..
How do you judge whether a person is of sound mind?
1. This is governed by the Mental Health Act 1983.
What is bigamy?
1. To be married to more than one person at a time. 2. This is govenend by the Offences Against the PErson Act 1857 s 57.
What is a Registrar General's Licence?
1. Where the Registrar-General issues a licence to people who want to marry but cannot be moved to an appropriate place. 2. This is usually given for people in hospital.
What must you get if you wish to marry at 16 or 17
1. You must get permission from the parents of the person under 16. 2. If permission is refused they can apply to the magistrates court for permission. 3. this permission willonly be granted if the magistrates believe it to be in the best interests of the minor.
