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04th February 2012
More FAQs

What is marriage?
Marriage is a monogamous and voluntary arrangement between two consenting adults to spend the rest of their lives together. Marriage generates a legal relationship between two individuals which entails certain duties, rights and obligations. It is also a contractual arrangement between two parties which will change their status, particularly in terms for property, inheritance and tax purposes.

Is marriage a necessary legal concept?
The traditional definition of marriage is the monogamous and voluntary union of two individuals - a man and a woman; however, it has evolved beyond this generic definition. Some European countries, and a few states in the United States recognise the civil partnership between same sex partners. In England and Wales, this is not so. The Civil Partnership Act 2004 (enforced in December 2005) allows same sex partners to register their union to acquire similar rights, duties and powers of married couples.
The institution of marriage carries with it certain legal rights and obligations which reflect the society of the married couple. It is the acknowledgement of the state and religion that the individuals getting married are committed to each other, in a particular way, with a specific interpersonal relationship.
The reasons why individuals get married vary from a public declaration of love to a multitude of legal, social and economic reasons including to have children; to create a traditional family unit; to legitimize sexual relations; to fulfil religious obligations; and even to obtain citizenship. Marriage is a social and legal contract between one man and one woman to fulfil certain roles. Most married couples live together, pool their finances and raise a family. There are still certain restrictions on the institution itself such as relation, age, gender, capacity and marital status.

How important is consent when getting married?
Marriage is a contract which must be entered into freely. Both intending spouses must be capable of making the decision to get married. It is important that the individuals getting married have given their express consent to be married. If they are under eighteen, parental consent is also required.
A marriage can be annulled or be void if consent is not given by the two individuals who entered into marriage. If one or both of the spouses were drunk, under the influence of drugs, under duress, of unsound mind or mistaken then the validity of the marriage can be successfully challenged.
 
 

What is domicile?
Domicile is considered by birth, or origin; by operation of law and by choice. By operation of law or by choice, an individual is domicile in a country if he or she is a permanent resident (has been living in a country for a long period of time) and/ or is a citizen and has the intention of remaining there indefinitely.

What is habitual residence?
Habitual residence is where the resident usually lives, so it is not necessarily the place of the resident’s birth or origin. A person can only have one habitual residence, thereby having a physical presence in that country and has been there for a specific period of time. On the other hand, ordinary residence is where he or she is normally resident even if the resident has another home in another country.

What id domestic violence?
Domestic violence is the physical, mental and/or psychological abuse that one individual in a relationship uses to control the other individual. At the centre of domestic abuse is the abuser’s need for power and control. Abusers tend to blame their victims for causing the abuse and sometimes apologise after their abusive behaviour has concluded. It is a vicious cycle that cannot be easily broken; abusers usually need professional assistance to deal with their antisocial and unacceptable behaviour.
According to the Domestic Violence Act (Summary Proceedings) Act Cap 4.04, domestic violence is: any act of violence whether physical or verbal abuse perpetrated by a member of a household upon a member of the same household which causes or is likely to cause physical, mental or emotional injury or harm to the abused party or any other member of the household;
Here are some general examples of domestic violence:
•name calling,
•preventing the victims from seeing friends and family,
•preventing the victims from going to work,
•sexual assault,
•actual or threatened physical harm such as slapping, hitting, choking, pushing and kicking,
• using a weapon such as a gun or knife to threaten the victims,
• threatening to commit suicide to make the victims do something.
Ms. Trudy O. Glasgow is a practising attorney at the law firm Gordon, Gordon & Co., (and has also taught law at University level in the UK)*
This column is for general use only, for advice specifically for your case, please see your lawyer.
Next week: A definition of costs

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