The general rule against becoming engaged whilst still married does not apply when a decree nisi has been pronounced. However, Lord Atkin said: ‘There is real substance in the objection that such a promise tends to produce conduct which violates the solemn obligations of married life.’ Lord Thankerton: ‘There can be little question as to the proper function of the Courts in questions of public policy. Their duty is to expound, and not to expand such a policy.’
Judges:
Lord Atkin, Lord Thankerton
Citations:
[1937] AC 1
Cited by:
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 30 April 2022; Ref: scu.235296
