Foreign Marriage and Divorce Flashcards
Illegal presence if sufficient for domicile of choice?
Mark v Mark
Married over the phone. Non-recognition due to lack of essential validity. Lacked mental capacity
Westminster v IC
Non-Recognition due to LEARNING DIFFICULTIES
XCC v AA
Formal Capacity - Failed to comply with South African regulations
Hudson v Leigh
Despite no physical presence in marriage, they complied with Ghanaian regulation
McCabe v McCabe
Consanguinity not so offensive to conscience of English court?
Cheni v Cheni
Public Policy - 23 year old married to 13 year old. Marriage was allowed?
Mohammed v Knott
We don’t accept transnational divorce
Soloveyv - Russian divorce
We don’t accept the bare talaq
Quazi
Case with the test for proceedings?
Choudhary - Involvement of a state approved official more than merely probative
What is the difference between forced marriage and arranged marriage?
In both types the family will do most of the legwork, but for forced there is no choice, in arranged there is a choice.