The parties had gone through a marriage ceremony, but not having given the required notice to the registrar, no marriage certificate had been issued. They now sought a declaration that the marriage was valid.
Held: The declaration was granted. The issue was the extent to which the marriage complied with the Act, and whether it was enough. The marriage purported to take place under the Act, it was in a designated building and was conducted by an authorise person.
Judges:
Moylan J
Citations:
[2012] EWHC 2219 (Fam), [2012] WLR(D) 246, [2012] Fam Law 1330, [2013] 2 WLR 606, [2013] Fam 51, [2013] 2 FLR 68
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Collett v Collett FD 1968
Discussing a proposition that ‘The general tendency of the law as it has been developed has been to preserve marriages where the ceremonial aspects were in order’, Ormrod J held that: ‘The control of the formation of marriage in this country has a . .
Cited – Hudson v Leigh FD 5-Jun-2009
The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor in south Africa said that he had . .
Cited by:
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 16 October 2022; Ref: scu.464863
