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Hyde V. Hyde
''Hyde v Hyde'' is a landmark case of the English Court of Probate and Divorce. The case was heard 20 March 1866 before Lord Penzance, and established the common law definition of marriage. Facts of the case John Hyde, an English Mormon who had been ordained to the priesthood of the Church of Jesus Christ of Latter-day Saints (LDS Church), brought an action of divorce against his wife, Lavinia, for adultery. He had left the LDS Church and began to write and publish anti-Mormon material, a move that caused him to be excommunicated from the LDS Church. His wife left him, and subsequently remarried in Utah Territory, which was the basis for his suit for divorce. The court denied his petition on the grounds that the relationship he had entered into did not constitute a marriage under the law of England. Judgement Citing '' Warrender v. Warrender'', Lord Penzance found that institutions in foreign countries (including marriage) cannot be considered as valid under English law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Wilde, 1st Baron Penzance
James Plaisted Wilde, 1st Baron Penzance, (12 July 1816 – 9 December 1899) was a noted British judge and rose breeder who was also a proponent of the Baconian theory that the works usually attributed to William Shakespeare were in fact written by Francis Bacon. Background and education Born in London, he was the son of Edward Archer Wilde, a solicitor, and Marianne (née Norris). His younger brother Sir Alfred Thomas Wilde was a Lieutenant-General in the Madras Army, while Sir John Wylde (Chief Justice of the Cape Colony) and Thomas Wilde, 1st Baron Truro (Lord Chancellor) were his uncles. He was educated at Winchester College and Trinity College, Cambridge (matriculated 1834, graduated B.A. 1838, M.A. 1842). He was admitted to the Inner Temple in 1836, and called to the Bar in 1839. Legal career He became a successful lawyer himself and was appointed a Queen's Counsel in 1855. He was knighted in 1860, shortly after his appointment as a Baron of the Exchequer.Sir John Sainty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage (Same Sex Couples) Act 2013
The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales. Background Civil partnerships were introduced in the United Kingdom in 2004, allowing same-sex couples and couples of whom one spouse had changed gender to live in legally-recognised intimate partnerships similar to marriage. It also compelled opposite-sex couples to end their marriage if one or both spouses underwent gender change surgery, or if the couple was not recognised in law as having male and female gender. Following the 2010 General Election, in September 2011, Liberal Democrat Minister for Equalities Lynne Featherstone launched a consultation in March 2012 on how to introduce civil marriage for same sex couples in England and Wales. The consultation closed in June 2012 and, in December 2012, the new Minister for Women and Equalities, Maria Miller, stated that the Government would be introducing legislation " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth V ACT (2013)
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and is itself a loose translation of the Latin res publica (republic). The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or "commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two U.S. territo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Act 1961 (Australia)
The ''Marriage Act 1961'' (Cth) is an Act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid. The Act was made pursuant to power granted to the federal parliament under s.51(xxi) of the Australian Constitution. Although the federal parliament was given the power to pass laws about marriage at federation in 1901, it did not use this power until the adoption of the Act, while before 1961, each Australian state and territory had its own marriage laws. The Act recognises only marriages of two people and does not recognise any other forms of union, including traditional Aboriginal unions. An amendment to the Act to legalise same-sex marriage passed into law on 8 December 2017. The ''Family Law Act 1975'' treats de facto relationships and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage (Scotland) Act 1977
Marriage in Scotland is recognised in the form of both civil and religious unions between individuals. Historically, the law of marriage has developed differently in Scotland to other jurisdictions in the United Kingdom as a consequence of the differences in Scots law and role of the separate established Church of Scotland. These differences led to a tradition of couples from England and Wales eloping to Scotland, most famously to marry at border towns such as Gretna Green. The legal minimum age to enter into a marriage in Scotland is sixteen years and does not require parental consent at any age. In Scots law, there is a distinction between so called religious marriages, conducted by an authorised celebrant, and civil marriages, conducted by a state registrar, but anyone over the age of 21 can apply to the Registrar General for authorisation to conduct a marriage under s12 of the Marriage (Scotland) Act 1977, and no form of religious ceremony is necessary. Since a decision of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Parties to Marriage and Children of Family # Protection, Custody, etc., of Children # Miscellaneous and Supplemental Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the Supreme Court of the United Kingdom in ''Owens v Owens'', Parliament passed the Divorce, Dissolution and Separation Act 2020, which has removed these conditions. Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Partnership Act 2004
The Civil Partnership Act 2004 (c 33) is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce. Schedule 20 Schedule 20 recognises certain overseas unions as equivalent to civil partnership ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage In The Australian Capital Territory
Same-sex marriage is legal in the Australian Capital Territory, and in the rest of Australia, after the Federal Parliament legalised same-sex marriage in December 2017. The Australian Capital Territory is unique in being the only state or territory jurisdiction in Australia to have independently legalised same-sex marriage. The High Court of Australia nullified a same-sex marriage law that had been passed by the Australian Capital Territory (ACT) legislature on 19 September 2013. The Abbott Government challenged the law shortly after passage and the High Court voided the legislation on 12 December 2013. The 31 same-sex marriages that had been performed under the ACT legislation were consequently void. The ACT was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia. It also is the first (and currently, only) jurisdiction to allow Civil union ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage In The United Kingdom
Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the UK legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005. * Legislation to allow same-sex marriage in England and Wales was passed by the Parliament of the United Kingdom in July 2013 and took effect on 13 March 2014. The first same-sex marriages took place on 29 March 2014. * Legislation to allow same-sex marriage in Scotland was passed by the Scottish Parliament in February 2014 and took effect on 16 December 2014. The first same-sex marriage ceremonies for same-sex couples previously in civil partnerships occurred on 16 December. The first same-sex marriage ceremonies for couples not in civil pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
