family law legal system exam

Consanguinity

A couple who fall within the prohibited degrees of relationship cannot marry

Example have to be 18 to marry if your not you cannot marry

What is a defacto family?

you've been living together for two years or more, but you're not legally married or in a civil partnership.

family protection act 1976

Spouses interest in the family home was void unless the other spouce gave prior written consent

Fault based approach

A fault-based approach means you must prove your partner did something wrong (like cheating or abuse) to get a divorce.Ireland has a no-fault system

Capacity to marry

Be over 18

Give the registrar three months noctice of the marriage

Be either single widowed or divorced

Have the mental capacity to understand the nature of marriage

Requirements for marriage

Have the capacity to marry each otherB

Free consent

You must give the marriage register at least three months notice

Functions of family law

Resolution of disputes

Definition of and alteration of legal status.

•Economic and physical protection of spouses- cohabitees and children.

Regulate family relationships

ADR

Alternative dispute resolution

Mediation

A confidential and voluntary process in which part parties to a dispute with assistance of a mediator attempt to reach a mutually acceptable agreement to resolve the dispute

Collaborative law

It’s a voluntary dispute resolution process where couples work with specially tranied solicitors to reach a settlement without going to court involve signing a participation agreement full financial disclosure and if necessary and interdisciplinary team

Article 41 what rights do these deal with specifically

rticle 41 of the Constitution of Ireland deals specifically with the family.

In simple terms, it says:

• The family is a very important unit in society

• The State will protect and support the family

• It recognises the family as based on marriage

• It says the State should protect marriage

In short:
Article 41 is all about protecting the family and marriage in Irish law.

42 of the Irish Constitution deal with the rights of the child. What rights do these articles deal with specifically?

Focuses mainly on education rights:

• Parents have the right to educate their children

• The State must respect parents’ role in education

• Children must receive a basic education

Define the term family article 41

“the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.”

Three changes that occurred and changed family law