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.

1Describe 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.

Part 1: Bangladesh, arranged marriage, true but declining, young people meet for a few days	It is true that in Bangladesh there are still arranged marriages. They don’t happen as much as they used to because young people don’t like this custom anymore. However, when it does happen, the parents choose the bride and groom and they have a few days or weeks to get to know each other before the wedding.
Part 2: Enam thinks that…. , talked with mom, choose his own bride
Part 3:
Part 4:
Part 5:

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

1.	Have you ever tried online dating?	_______Actually my Mom would pick someone good, but all my Dad cares about is money.
2.	Don’t be sad about her, there are many fish in the sea.	_______ Of course, people can be very attracted to each other, but how can they know enough to really love instantly?
3.	If your parents wanted to choose your marriage partner, would you trust them?	_______ My parents are very religious so they would definitely say ‘no’, but I think it is a good way to get to know someone.
4.	How many times have you been in love?	_______ No way! It’s crazy to spend all that money just for a big party.
5.	Do you believe in love at first sight?	_______ A lot of girls like to hang out at the outdoor mall.
6.	Do you think it’s OK for couples to love together before they are married?	_______ I know that there are many other girls, but she was perfect!
7.	How long should a couple be “together” before they decide to marry?	_______ No, I have to meet someone face to face, not on computer.
8.	Are you going to have a big, traditional wedding?	_______ I’ve been in love once, but I don’t think she loved me so much.
9.	Where is the best place to meet girls\boys around here?	_______ It’s OK only if you have a really good hiding spot.
10.	Do you think it’s OK to keep pictures of old girlfriends\boyfriends even when you are married?	_______ If both people know what they want in life, then a few months is enough, but if they are immature, then a few years.

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.

Agreement mutual contract Capacity domiciled status custody enforce

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 Answer the following questions

1. What are the main conditions for people to be capable of getting married?

2. Under what circumstance is it prohibited for the people to enter into marriage contract?

3. What is the difference between commercial and marriage contracts?

4. Have you ever heard of any strange relations within a family which led to the situation when a man could have become his own grandfather? Read the following article about such cases. Give your opinion on the situation if it is legal or illegal.

On April 24, 1822, the Republican Chronicle of Ithaca, New Yorkcopied the citation from theLondon Literary Gazette: A proof that a man may be his own Grandfather. There was a widow and her daughter-in-law, and a man and his son. The widow married the son, and the daughter the old man; the widow was, therefore, mother to her husband's father, consequently grandmother to her own husband. They had a son, to whom she was great-grandmother; now, as the son of a great-grandmother must be either a grandfather or great-uncle, this boy was therefore his own grandfather. N. B. This was actually the case with a boy at a school in Norwich.

While not frequent, situations such as this do occur occasionally in life, the Bill Wyman/Mandy Smithaffair (including his son and her mother) being one celebrity example.

Listening 3: Read and listen to the song “I am my own grandpa” and draw this man’s family tree to explain the situation.