Familial relationships
32. What is the relevance of matrimonial regimes in trust or succession law (that is, what regimes, if any, are there)? Are the rights of cohabitees/civil partners (whether in same-sex couples or otherwise) in property or other assets protected by law?
Matrimonial regimes do not exist in England and Wales. However, where property is jointly held the rule of survivorship may be relevant (see Question 31).
Marriage and civil partnership
By marriage or civil partnership an individual acquires legal rights and duties that cannot generally be varied or avoided.
During a marriage or civil partnership the court has the power to vary or suspend an owner's rights of occupation of a property if there is a dispute over ownership of the property.
On the dissolution of a marriage or civil partnership the court has the power to vary an individual's right to assets held in his sole name or jointly with another person.
Cohabitants
On the breakdown of a relationship, cohabitants have no entitlement to financial relief from one another.
A cohabitant can sometimes successfully claim entitlement to a share of a property held in the other's name (for example, if he contributed to its purchase or upkeep).
33. Please describe how the following terms are defined in law:
- Divorced.
- Married.
- Adopted.
- Legitimate.
Divorced
Divorce means the dissolution of a marriage other than by death. It is sometimes also used to describe the dissolution of a civil partnership.
Married
Marriage means the fulfilment of a contract that creates by law a relationship between the parties to it.
For a marriage to be validly constituted:
- Both parties must consent.
- Both parties must not already be married.
- There must be no other legal factor invalidating the marriage (for example, the ages of the parties, incapacity or relationship).
Adopted
Adoption involves the legal rights and duties between a child and his natural parents being terminated and then transferred to the adoptive parents.
Legitimate
A child is legitimate if he was born to married parents. If his parents were divorced at the date of his birth, a child is legitimate if they were married at the date of his conception.