Family rights and Obligations

Rights and Obligations of Husband and Wife. Each spouse has the _____ (1) to support: himself or herself; the other _____ (2); and their minor _____ (3). If a married person neglects to _____(4) his or her spouse, any person who in good ____(5) provides " necessaries" to the ___ (6) spouse may hold the neglecting spouse civilly _____(7) for the value of necessaries. " Necessaries" are generally _______ (8) as food, clothing, shelter, and medical_____ (9). Similarly, where a parent fails to ______ (10) a minor child, any person who in ______ (11) faith provides necessaries to the child may _____ (12) the parent civilly liable for the value of the _______ (l3).

Family and Medical Leave. The law _______(14) employers to allow _____ (15) to take up to 12 weeks of job-protected ______(16) to nurse or care for newborn, adopted, or _____(17) children; to _____(18) seriously ill parents, spouses, or children; or to ______(19) from serious illness.

Reading 3: MARRIAGE LAW

The law in most countries places more emphasis upon marriages legally registered than social arrangements whereby people live together. In Japan, some couples prefer not to register their marriage because the law requires one of them to give up his or her name in favor of the other. The birth and residence documentation of children born to such marriages is different from that of other children and sometimes leads to discrimination. In Britain, children born outside legitimate marriages (so-called illegitimate children) have fewer rights to financial support from estranged fathers than legitimate children. In addition, if they are born outside the UK, they are less likely than legitimate children to be granted British citizenship. Their fathers have no automatic right to have contact with them. Some welfare payments are calculated on a different basis according to whether recipients are married or not, and more procedures are available to a married woman than an unmarried one in seeking protection from domestic violence. However, in most industrialized countries, the legal differences between the married and the unmarried are decreasing. It is not surprising, for example, in the United States 25% of babies are now born to unmarried parents.

In English law, some marriages may be readily dissolved, or nullified ­for example: if the couple never consummated the marriage, are blood relations, are under the legal age of sixteen, are both women, or, despite a surgical sex change, are both men. In other cases, a couple may seek a divorce. The procedure may be lengthy, especially if one spouse does not want to get divorced, or if there are children. In no case will English law allow divorce proceedings to start within a year of the marriage, since it is thought this is too soon for the marriage to have tested itself. It is also feared that people would get married without serious thought if it were quick and easy to get a divorce.

Answer the following questions.

1 Describe four ways in which UK laws favor marriage over unmarried relations.

Listening 2: ARRANGED MARRIAGE.

Enam talks about marriage in Bangladesh.Take notes as you listen to the interview on the left side of the paper. Then write complete sentences to summarize the story in your own words. The first one is done.

Speaking 1: START A CONVERSATION. Match the following questions with the responses.

Keep the conversation going and then ask follow up questions of your own.

1. A: I don’t think I could be happy in an arranged marriage.

B: You might be surprised. A lot of them are happier than in marriages where you can choose your partner.

A: Well, I would hope that my parents would choose someone who………

B: ………………………………….(write your questions.)

2. A: Do you think people who are single are happier than people who are married?

B: Personally I think that people who are single are happier.

A: Really? I think ………………………………………..

B: ………………………………….(write your questions.)

Reading 4: MARRIAGE AS A CONTRACT

In order that а man and woman may become husband and wife two conditions must be satisfied: first, they must both possess the capacity to contract а marriage, and secondly, they must observe the necessary formalities. As а general rule, capacity to marry is determined by the law of the parties’ respective domiciles, whilst the formalities to be observed are those required by the lех lосі celebrations. Thus, if а man domiciled in England marries in Scotland а woman domiciled in France, he must have capacity by English law, she must have capacity by French law and the marriage must be solemnized in а manner recognized by Scots law.

In order that а person domiciled in England should have capacity to contract а valid marriage, the following conditions must be satisfied: а) neither party must be already married; b) both parties must be over the age of 16; с) the parties must not be related within the prohibited degrees of consanguinity or affinity.

In English law at least, marriage is an agreement by which а man and а woman enter into а certain legal relationship with each other and which creates and imposes mutual rights and duties. Looked at from this point of view, marriage is clearly а contract, and like other contracts it may be void or voidable. But it is, of course, quite unlike any commercial contract, and consequently it is sui generis in many respects. In particular we may note the following marked dissimilarities.

The law relating to the capacity to marry is quite different from that of any other contract. А marriage may only be contracted if special formalities are carried out. The grounds on which а marriage may be void or voidable are for the most part completely different from those on which other contracts may be void or voidable. Unlike other voidable contracts, а voidable marriage cannot be declared ab initio by repudiation by one of the parties but may be set aside only by а decree of nullity pronounced by а court of competent jurisdiction.

А contract of marriage cannot be discharged by agreement, frustration or breach. Apart from death, it can be terminated only by а decree of dissolution (or divorce) pronounced by а court of competent jurisdiction. Provided that they do not offend against rules of public policy or statutory prohibitions, the parties to а commercial contract may make such terms as they think fit.

But the fact that marriage creates а status limits the parties’ power to make their own terms and also may affect their legal rights and duties with respect to other persons.

Note: 1. Sui geпeris – своєрідний.

2. Аb iпitio – спочатку.

3. Repudiation – невизнання.

4. Lex lосі celеbratіоп – місце проведення церемонії.

5. To domicile – мати постійне місце проживання.

6. To solemnize – проводити урочисту церемонію.

7. Decree of dissolution – судове рішення про розірвання шлюбу.

8. Decree of nullity – судове рішення щодо визнання недійсним.

9. Statutory prohibition – заборона, передбачена законодавством.

10. Decree пisi (lаt.) – постанова про розірвання шлюбу, що набуває чинності з визначеного терміну, якщо вона не буде скасована до цього.

11. Decree absolute (lаt.) – остаточне рішення суду (у процесі щодо розірвання шлюбу).

12. Family heirloom – родина цінність; priceless heirloom – безцінна родина реліквія; heirlooms – фамільні речі, що успадковується з нерухомістю.

Ex. 6 Fill in the gaps with the appropriate words from the box.

1. In English law marriage is an................. which creates and imposes.............. rights and duties. So marriage is clearly а................

2................... to marry is determined by ‘The law of the parties’ respective. If Englishman marries а woman......................... in France, he must have capacity by English law, she must have capacity by French law.

3. Marriage creates а................. which may affect the legal rights of the parties and their duties with respect to other persons. Therefore we must consider the legal effects of relationships first of husband and wife and then а parent and а child.

4. Рrіmа fасіе the best place for а child is with its parent. Consequently in disputes over.................... а heavy burden of proof lies on the party seeking to show that to................... the another parent’s right would not be in the child’s interest.

Ex. 7 Use a dictionary, explain the law-terms and make up sentences with them.

1. capacity

2. observe

3. domiciles

4. consanguinity

5. affinity

6. pronounced

Ex. 8 Read the following article and find in the text equivalents of the given expressions below it.

UNITED STATES 'CAREER BRIDES'

The Manhattan District Attorney in the United States is investigating a scam in which women, that it calls " career brides", married dozens of men for money. The brides earned about one thousand dollars for each marriage and the grooms got Green Cards - or the right to life and work in the US indefinitely. This report from Jane Stanley: One of the " career brides" applied for twenty-seven marriage licences over nineteen years - her husbands came from as far afield as Peru, Ecuador, Pakistan and the Dominican Republic. She's been charged with perjury and fraud - as she claimed on her applications that she'd never been married before.
It's not known how many of the licences resulted in matrimony, nor how many men got Green Cards for their money. This allowed them to stay indefinitely in the United States, to claim benefits like Social Security and to apply to become citizens.
The Manhattan District Attorney says he believes as many as twelve women were involved in the scam, spreading the idea of selling themselves as brides by word of mouth. So far charges have been brought against six of them - for applying for nearly fifty licences between them. One woman clearly forgot that she had had several Nigerian husbands when she too claimed to be a spinster.

1. a woman who has never married

2. money given by a government to people who are poor, ill or unemployed

3. an illegal way of making money

4. if you take an oath in a court of law and then lie when giving evidence

5. you find out about something by someone telling you, rather than by reading about it or hearing about it on the radio or television

6. someone who earns money for a living by getting married again and again and again

7. the state of being married; this is a formal word

8. someone who has come a very long way

9. people who have full rights to live in a particular country

10. the crime of gaining money by lying

Reading 5. “I’LL MARRY YOU BUT ONLY ON A FEW CONDITIONS …”

Read the text quickly. It is about a couple called Clifford and Annie, who are planning to get married.

Answer the questions.

1. What are your impressions of Clifford and Annie? Which of the following words best describe your opinion of them? Why?

sensible weird ridiculous romantic spontaneous easy-going

warm and loving cold and calculating unbelievable

2. Do you think their marriage will last?

3. How many of their rules can you remember?

When Clifford met Annie, they found one thing in common. They both love lists. So together they have written the ultimate list, a list of rules for their marriage. This prenuptial agreement itemizes every detail of their lives together, from shopping to sex. Timothy Laurencemet them in Florida in the apartment that they share.

The living room is neat and tidy, with a dining table already laid for a meal that has yet to be cooked. All the ingredients for the meal are in the kitchen, prepared, weighed, and waiting in a line. It is his turn to cook. Annie is chatting over a cup of coffee by the pristine kitchen bar when her fiancé pours himself a cup and joins her. He touches her arm. She tenses, looks at him anxiously, and asks, ‘Oh, sorry. Did I say something wrong? ’

‘No, no. I was just showing affection, ’ Clifford explains ponderously.

‘Oh, I see, ’ says Annie.

His hand returns to her arm and this time she relaxes. It is a significant moment, because spontaneity is not at the heart of this relationship. Love, for Clifford and Annie, means following a book of rules.