Kate Taylor argues that the narrow requirements for a marriage to be recognised as valid are a cause for concern ‘There is an assumption, and an admittedly powerful argument, that the autonomy of the parties should be respected above all things, and that those couples who do not choose to enter into a civil ceremony …
Continue reading "Marriage: Inflexibility and injustice"
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Katie Male considers the implications of the status of a marriage as to the financial remedies available and the circumstances in which the court may show flexibility ‘Where a petitioner is able to prove that the marriage in question is voidable or void and therefore susceptible to a degree of nullity, they will have access …
Continue reading "Nullity: Clear intentions"
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Wills & Trusts Law Reports | Autumn 2018 #173Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.
A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid m...
Moji Sobowale outlines the law relating to the recognition of an overseas marriage, and the potential outcomes on an application for a declaration of validity ‘The production of a marriage certificate issued by a competent authority, in accordance with the registration laws of the country in which the marriage took place, will usually be sufficient …
Continue reading "Validity Of Marriage: When we are married"
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Rebecca Huxford outlines the courts’ approach to validity of marriage and when there may be a ‘non-marriage’ ‘Where there has been nothing that could even be considered a ceremony or a purported marriage that this will not give rise to an entitlement to a decree of divorce or nullity.’Family lawyers are generally only consulted at …
Continue reading "Validity Of Marriage: More than a formality"
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