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Fender v St. John-Mildmay: 1937

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:

CitedJ 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

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