Legal History - Marriage and Divorce

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Legal History - Marriage and Divorce
2013-05-17 05:16:48
Legal History Marriage Divorce

Legal History - Marriage and Divorce
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  1. When did the Lateran Council establish banns?
  2. When did the Roman Church begin to require a priest to be present at a marriage?
  3. When was Lord Hardwicke's Act? What did it do?
    1753 - tightened marriage rules: marriage required the publication of banns or purchase of a licence (parental consent for under 21s), two witnesses present, recording of marriage on public register, marriage had to be in a church.
  4. When was civil marriage introduced?
  5. After what time would equity intervene if property was intended to be given to a wife independently?
    15th c
  6. After what time could trusts of property for wives be established?
    16th c
  7. After what time were wives allowed to save their own money in equity?
    17th c
  8. When was the first Married Women's Property Act? What did it do?
    1870 - allowed the use to be used for earnings
  9. When was the second Married Women's Property Act? What did it do?
    1882 - made it possible for wives to hold and dispose of real and personal property
  10. What were the two options for marriage breakdown under Canon law?
    Judicial separation or annulment (the marriage was never valid)
  11. What were the two ways that a marriage could be declared void?
    Lack of capacity (already married, related, affinity, impotency) or lack of consent (duress, insanity, mistake, underage)
  12. Who thought it would be fairly easy to find a reason for invalidity in the medieval period?
  13. Who found that hardly any people got divorced (annulled) in the medieval period?
  14. How did Henry VIII get divorced? When was it?
    1530s - he got the archbishop to declare the marriages void.
  15. After what time was full divorce allowed in Scotland?
  16. When did divorce by statute begin and who was the first?
    Lord Roos in 1670
  17. What did men and women have to show to get a divorce by statute?
    • Men - adultery
    • Women - adultery plus an aggravating factor
  18. Case - poor man convicted of bigamy after wife deserted him, judge told him he should have got a divorce through Act of Parliament
    R v Hall 1845
  19. Who was an important campaigner for divorce reform in the 19th c, particularly against the inequality between men and women?
    Dr Stephen Lushington
  20. When was the Marriage and Divorce Bill? What did it do?
    1857 - the law stayed the same but a new court was created (the Court for Divorce and Matrimonial Causes)
  21. Who said that divorce was getting more common before 1857, so the law had to keep up?
  22. Who said that divorce was intentionally hard even after 1857, because the government didn't want it to seem like an easy option?
  23. How was divorce by consent effectively created after 1857?
    Adultery would be claimed without any proof
  24. Case - man got divorced in Scotland, then remarried in England and was convicted of bigamy. Confirmed that Scottish divorces were not effective in England.
    Lolly 1811 (Leneman article)
  25. Article - the Scottish courts didn't really accept that they had jurisdiction to divorce English couples, but the court of appeal would generally allow it
  26. Article - Lord Hardwicke's Act 1753 didn't really change the marriage requirements, it just formalised the existing Canon requirements.
  27. What did Probert say about marriage with words of present intention pre-1753?
    They were hard to enforce (prove) and didn't give proprietary marital rights
  28. How were banns used to avoid getting parental consent after 1753?
    Probert - the couple could publish banns in a different parish so their parents wouldn't find out about the marriage