Marriage in UK Law
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Miller v Miller (Short Marriage: Clean break)
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The parties' matrimonial home, even if this was brought into the marriage at the outset by one of the parties, usually has a central place in any marriage. So it should normally be treated as matrimonial property for this purpose. As already noted, in principle the entitlement of each party to a share of the matrimonial property is the same however long or short the marriage may have been.
Non-matrimonial property represents a contribution made to the marriage by one of the parties. Sometimes, as the years pass, the weight fairly to be attributed to this contribution will diminish, sometimes it will not. After many years of marriage the continuing weight to be attributed to modest savings introduced by oneparty at the outset of the marriage may well be different from the weight attributable to a valuable heirloom intended to be retained in specie.
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Luciara Machado Rosa v Secretary of State for the Home Department
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It may be useful to contrast a marriage of convenience with a "genuine" marriage (indeed, Underhill LJ treated them as antonyms at paragraph 6 of his judgment in Agho), but the focus in relation to a marriage of convenience should be on the intention of the parties at the time the marriage was entered into, whereas the question whether a marriage is "subsisting" looks to whether the marital relationship is a continuing one.
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R (Mahmood) v Secretary of State for the Home Department
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If the established rule is to the effect —as it is —that a person seeking rights of residence here on grounds of marriage (not being someone who already enjoys a leave, albeit limited, to remain in the UK) must obtain an entry clearance in his country of origin, then a waiver of that requirement in the case of someone who has found his way here without an entry clearance and then seeks to remain on marriage grounds, having no other legitimate claim to enter, would in the absence of exceptional circumstances to justify the waiver, disrupt and undermine firm immigration control because it would be manifestly unfair to other would-be entrants who are content to take their place in the entry clearance queue in their country of origin.
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Hyman v Hyman
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However this may be, it is sufficient for the decision of the present case to hold, as I do, that the power of the Court to make provision for a wife on the dissolution of her marriage is a necessary incident of the power to decree such a dissolution, conferred not merely in the interests of the wife, but of the public, and that the wife cannot by her own covenant preclude herself from invoking the jurisdiction of the Court or preclude the Court from the exercise of that jurisdiction.
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Kareem (Proxy Marriages - EU Law) [Asylum and Immigration Tribunal]
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It should be assumed that, without independent and reliable evidence about the recognition of the marriage under the laws of the EEA country and/or the country where the marriage took place, the Tribunal is likely to be unable to find that sufficient evidence has been provided to discharge the burden of proof. It should be assumed that, without independent and reliable evidence about the recognition of the marriage under the laws of the EEA country and/or the country where the marriage took place, the Tribunal is likely to be unable to find that sufficient evidence has been provided to discharge the burden of proof.
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Poel v Poel
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The way in which the parent who properly has custody of a child may choose in a reasonable manner to order his or her way of life is one of those things which the parent who has not been given custody may well have to bear, eventhough one has every sympathy with the latter on some of the results.
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Marriage rows.
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Child marriage and family reunification
The Dutch Forced Marriage Prevention Act aims to prevent family reunification of so-called child brides with their husbands in the territory of the Netherlands by no longer recognizing child marria...
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Who Benefits from Marriage?*
The phenomenon that married men earn higher average wages than unmarried men – the marriage premium – is well known. However, the robustness of the premium across the wage distribution and the unde...
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Hegel on Marriage and Politics
This essay examines Hegel's theory of marriage and the rôle that it plays in the argument of the Philosophy of Right. It aims to show that the theory of marriage is based on a particular conception...
- Homosexual Marriage Article
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Is discrimination in respect of same-sex marriage ever permissible?
In Reverend Canon Pemberton v. Former Acting Bishop of Southwell and Nottingham, Canon Pemberton, a Church of England priest, entered into a same-sex marriage. The Church of England opposed th...
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"Gay marriage" cake: refusal to supply was not discriminatory
In Lee v. Ashers Baking Company Limited and Others, the Supreme Court considered whether a bakery's refusal to supply a cake with a slogan supporting gay marriage was discriminatory on the grounds ...
- Civil Partnership - v - Marriage
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Application for a Forced Marriage Protection Order
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
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Application for a Warrant of Arrest (Forced Marriage Protection Order)
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
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Statement in support of annulment - voidable marriage / civil partnership
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
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Statement in support of annulment - void marriage / civil partnership
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.