Chapter 3 Nullity (Void/Voidable marriages)

Question 1

Certificate of entitlement to a decree of nullity was granted where both parties agreed there was nothing capable of recognition as a marriage and where the purported “marriage” was unregistered and possibly bigamous

Answer 1

K v K (2016)

Question 2

parties engaged in several discussions regarding the need for a civil marriage ceremony to occur and for their Islamic marriage to be validated. The Islamic ceremony had not created a valid marriage within MA 1949 and was a non-qualifying marriage

Answer 2

Akhter v Khan (2020)

Question 3

Sexual intercourse before marriage is not consummation.

Answer 3

Dredge v Dredge (1947)

Question 4

In this case a rational decision not to permit intercourse, however understandable, will not result in incapacity.

Answer 4

Singh v Singh (1962)

Question 5

The COA held that a husbands application could not succeed if, shortly before the hearing, his wife underwent an operation which offered a reasonable hope of cure.

Answer 5

S v S (1962)

Question 6

The majority of nullity petitions based on non-consummation rely on the respondents wilful refusal to consummate the marriage. This must be a settled and definite decision arrived at without just excuse.

Answer 6

Horton v Horton (1947)

Question 7

It is necessary to look at the history of the marriage as a whole - where the husband was in prison and prison rules did not allow consummation

Answer 7

Ford v Ford (1987)

Question 8

The parties were elderly and married primarily for companionship. In these circumstances, a pre-martial agreement not to have intercourse prevented either party from alleging wilful refusal to consummate.

Answer 8

Morgan v Morgan (1959)

Question 9

A refusal to have intercourse without the use of contraception is not a refusal to consummate, as it is open to the other party to have sexual relations, although not perhaps on terms they favour.

Answer 9

Baxter v Baxter (1947)

Question 10

An arranged marriage between two young Sikhs against the girls wishes was held to be valid because it was entered into out of a sense of obligation to the family and religious tradition. There was no evidence of fear.

Answer 10

Singh v Singh (1971)

Question 11

The fear must be “sufficiently grave”. In this case it was defined as a “threat of immediate danger… to life, limb or liberty”.

Answer 11

Szechter v Szechter (1971)

Question 12

the parents threat to turn her out of the home unless she married the man of their choice invalidated their daughters consent even though a stronger character may have resisted

Answer 12

Hirani v Hirani (1982)

Question 13

applicant forced to marry by family where her mother made her nod her head 3 times to agree to the marriage during the ceremony in Pakistan

Answer 13

P v R (2003)

Question 14

A young Hungarian girl feared the fate she would meet at the hands of a victorious Russian army and married to avoid this.

Answer 14

H v H (1954)

Question 15

The wife believed that she was participating in a ceremony of conversion to the Hindu faith.

Answer 15

Mehta v Mehta (1954)

Question 16

A will made before the date of marriage will be revoked by the marriage

Answer 16

Re Roberts (deceased) (1978)