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Flashcards in civil partnership formation Deck (11)
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1

What was CP intended to do

provide an equivalent to marriage

2

what did CPA do

allowed to formalise the relationship. However, since the M(SSC) A the amount of people entering into a CP has been reduced

3

How has the law of nunlity been applied to CP

without much, but with some significant, modification to the civil partnership regime, except as necessary to protect single sex rather than opposite sex unions.

4

What does S 3 CPA provide

eligibility and when CP is excluded

5

Where are the prohibited degrees found

in Schedule 1. The two lists found there (one providing for an absolute bar, the other for a partial bar

6

Can a platonic relationship be turned into a CP

On the face of it no. But no requirement of sexual relationship basis that non-consummation is not required and dissolution is not available of the grounds of adultery. Prohibited degrees would seem to suggest that a sexual relationship is required.

7

Which section voids relationship between opposite sex

S 3(1)

8

- Steinfield v SS for Education

found that the restriction to exclude opposite sex discrimination was not in breach of Art 8 as it was justified as Gov were evaluating the effect of legalising same sex marriage before expensive legislative changed

9

Burden v UK

ECtHR riled that convention rights of relations were not breached, the blood relationship renders the relationship quantitatively different from that of CP

10

Where are the grounds that a CP will be void found

S 50 CPA lists the grounds on which will be void- however, unlike S 12 MCA there is no provision regarding consummation

11

Which section provides bars to relief to cohabitation

S 51