Comparison of Marriage/CP and Cohabitation
- Created by: RosieClarke0511
- Created on: 27-02-21 03:41
View mindmap
- Comparison of Marriage/CP and Cohabitation
- Formation
- Marriage Act 1949/ CP 2004
- Formalities required to create a valid marriage/CP
- Cannot enter if already in a marriage or CP
- Minimum age is 16
- Parental Consent required until 18
- prohibitions based on consanguinity and affinity
- No specific legislation
- No formalities, but must live together
- No monogamy requiremtns
- Cannot consent to sex unless 16. COA 2003
- Prohibitions based on consanguinity and affinity if a child - SOA 2003
- Termination
- End on death of one party
- Can be annulled or dissolved by the court - MCA 1973 or CPA 2004
- Judicial separation is available
- Ends on death of one party
- Cessation - No longer living together
- No equivalent of judicial separation
- Property
- MPAPA 1970 applies to spouses, CP's and fiancées
- Have home rights under s.30 FLA 1996,, they are entitled applicants for occupation orders
- Cannot be evicted without leave of court
- Protection is available under the Insolvency Act 1986
- MPAPA 1970 does not apply, unless engaged
- Do not have home rights - disadvantaged for applying for an occupation order
- They can be evicted by the owner
- Protection under IA 1986 only applies if there are children
- Children - AR
- Husband is the father unless he did not consent - s.35 HFEA
- Other female legal parent - s.42 HFEA
- Male partner is only father if agreed conditions are satisfied - s.36-37
- Other female legal parent - s.43+44
- Death
- Invalidates a will - s.18 Wills Act 1837
- Can apply for letters of admin or grant of rep, if no executor is appointed
- Inherits the bulk of the estate under intestacy - s.46 Administrations of Estates Act 1925
- Has no impact on will
- Cannot apply for admin letters or grants of rep
- Does not inherit under intestacy
- Children
- Born out of wedlock/CP is rarely relevant
- Unmarried Parents should not be treated differently - McLaughlin
- Only M has auto PR (s.2.2(a))
- F must acquire PR - s.2.2(b), under s,4 CA 1989
- Acquired PR can be terminated by the court
- Children born to a married couple are legitimate - although term is rarely used
- Both parents have auto PR - s.2(1) CA 1989
- PR cannot be lost, unless adopted, but can be restricted
- Finance
- Application for financial orders
- Pre-nuptial contracts are not binding - Granatino
- Tenancies can be transferred - Sch.7 FLA 1996
- Child support is available - CSA 1991or CA 1989
- No financial orders for adults
- Contracts can be binding - Sutton v Mischon
- tenancies can be transferred - sch.7 FLA 1996
- Child support is available - CSA 1991 or CA 1989
- Partner's Children
- De Facto step-parent
- No restriction on marriage
- Can only acquire PR if named CAO or SGO
- Can only apply for CO without leave, if the child has lived with them for 3 years or have consent or PR
- Financial support is not required by law
- Legal step-parent
- Restriction on marriage - sch.1(2) and sch1(2) MA 1949
- Can acquire PR by agreement of court order - s.4(a) CA 1989
- Right to apply for CAO without leave - s.10(5)(a) CA 1989
- Financial support - MCA 1973 and CA 1989
- Death -Claims
- Claim can be auto made under the inheritance - Provisions for Family and Dependants Act 1975
- Will be given what is reasonable, whether or not it is needed for maintenance
- Can be made auto under the Fatal Accidents Act 1976
- Bereavement benefits may be available
- Claim can be made if lived for 2 years immediately prior to death
- They will be given what is reasonable to maintain - Webster
- Claim under FAA if lived together for 2 years - Kotke v Saffarani
- Taxation and Pensions
- Gifts on death are exempt from inheritance tax
- CGT exempt for inter vivos gifts
- Married couples tax allowance
- Married couple tax break
- State Pension based on spouse's contribution
- No special tax benefits
- Cannot claim state pension based on their contribution
- Formation
Comments
No comments have yet been made