8470933
Description
Mind Map by Ruaraidh Simpson, updated more than 1 year ago
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Created by Ruaraidh Simpson
about 7 years ago
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Adult Relations -
Marriage (England and
Wales)
- Engagements
- Law Reform (Miscellaneous Provisions) Act 1970
- s.1(1) - An agreement
between two
persons to marry
one another shall not
under the law of
England and Wales
have effect as a
contract giving rise
to legal rights and no
action shall lie in
England and Wales
for a breach of such
an agreement,
whatever the law
applicable to the
agreement
- s.3(1) - A party to an
agreement to
marry who makes a
gift of property to
the other party... on
condition (express
or implied) that it
shall be returned if
agreement
terminated shall
not be prevented
from recovering
property by reason
only of his having
terminated the
agreement
- s.3(2) - Gift of an
engagement ring
shall be
presumed to be
an absolute gift;
this presumption
may be rebutted
by proving that
the ring was
given on
condition that it
should be
returned if the
marriage did not
take place for any
reason
- s.1(1) - An agreement
between two
persons to marry
one another shall not
under the law of
England and Wales
have effect as a
contract giving rise
to legal rights and no
action shall lie in
England and Wales
for a breach of such
an agreement,
whatever the law
applicable to the
agreement
- Law Reform (Miscellaneous Provisions) Act 1970
- Preliminaries of Marriage
- Marriage Act 1949
- s.3(1) - Where a
marriage of a child,
not being a widower
or widow, is intended
to be solemnised on
authority of...
superintendent
registrar under part
III of this Act, the
consent of the
appropriate persons
shall be required
- s.3(1A) - the appropriate
persons are ... (i) any
parent of the child who
has PR&R for him; and (ii)
any guardian of the child
- s.78 - "child" ... means a person
under the age of eighteen
- s.3(1A) - the appropriate
persons are ... (i) any
parent of the child who
has PR&R for him; and (ii)
any guardian of the child
- s.5 - Authority to carry out marriages
- s.6-22 - Process (particularly ss.6, 7, 12, 17 & 22)
- s.26-40 (particularly ss.26, 26A, 27 (not 27A or B), 28, 28A, 30 & 31)
- s.3(1) - Where a
marriage of a child,
not being a widower
or widow, is intended
to be solemnised on
authority of...
superintendent
registrar under part
III of this Act, the
consent of the
appropriate persons
shall be required
- Proclamation of Banns competent
but for CoE (Anglican) only
- Marriage under Superintendent
Registrar's certificate
- "Marriage Notice" (cf. "Banns") = civil
marriage (registrars), and all other
religious denominations
- Marriage Act 1949
- Civil Marriage
- s.45,
45A, 46A
- Place
- s.45 &
46B -
Form of
Ceremony
- s.45 &
46B -
Form of
Ceremony
- s.53(d) -
Registration
- s.45,
45A, 46A
- Place
- Religious
Marriage
- Marriage Act 1949
- Legal
Authority
- CofE
Part II
1949 Act
- s.41-44 - Marriages
in registered
buildings (other
religious
denominations are
not referred to by
name e.g. Catholic,
Sikh)
- s.47 -
Quakers
(Jews
implied?
26(1)(d) &
50(1)(e)
- s.41 (place), s.43
(celebrants),
s.44 (form of
ceremony) -
"other
denominations"
- Legal
Authority
- CofE
Part II
1949 Act
- Marriage Act 1949
- Religious Marriage of
Same-Sex Couples
- Marriage (Same Sex Couples) Act 2013
- s.1(1) - Marriage of same sex couples is lawful
- s.1(2) - Marriage of a same sex couple may only be
solemnised in accordance with (a) part 3 of the Marriage Act
1949 (also b, c and d but not examinable)
- CofE may not ask to carry out marriages
of same sex couples
- Part 3 of Marriage Act 1949 relates to
marriage under Superintendent Registrar's
certificate (i.e. as apposed to declaration of
banns) which are conducted by registrar's or
non-CofE religious celebrants
- This is because it is Part 2 of the Marriage Act 1949 that contains provisions for marriage under CofE and so
no marriage of same sex couples by a CofE celebrant is possible
- This is because it is Part 2 of the Marriage Act 1949 that contains provisions for marriage under CofE and so
no marriage of same sex couples by a CofE celebrant is possible
- s.1(1) - Marriage of same sex couples is lawful
- Marriage (Same Sex Couples) Act 2013
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