Marriage Flashcards
Hyde v Hyde 1866
Definition of marriage: voluntary union for life of one man and one woman.
Quick v Quick 1953
Registration is not essential to the validity of a marriage. As the bridegroom was putting the ring on the bride’s finger, she threw it off, declared that she would not marry him and left the church. Court declared that legally, the marriage had still been completed. Did not need to announce marriage.
CAO v Bath 2000
It is up to the person disputing the marriage to prove that there was no ceremony or that the ceremony was flawed. No valid marriage as the temple was not registered and they did not go to a registry office.
MA v JA and the Attorney General 2012
Innocent failure to comply meaning that any form of ceremony was held to be sufficient. Authorised building and person but Imam believed it was only performing a religious ceremony. The marriage was granted as the parties did not knowingly breach the requirements of the Marriage Act 1949.
Hudson v Leigh 2009
Courts decide if it is a non-marriage on a case by case basis. Aware that it was not legally binding, so it was a non-marriage.
Non-marriage is where for whatever reason the events which happen fall short of the formal requirements and the failure to comply is so great that it cannot even be a void marriage. Looked at the intention of the parties, whether it was believed by the parties and those in attendance that it was a marriage.
Bodey J = the difference between a void and a non-marriage.
Gereis v Yagoub 1997
Wanted to marry in Russian Orthodox tradition. The priest warned it was not civil marriage so needed an additional civil ceremony. Despite being told, they just chose the religious ceremony. = Was held to be a non-marriage.
A-M v A-M 2001
Presumption of marriage held. Religious ceremonies x2. Cohabitation and reputation of husband and wife. Also had an intention to marry in the second ceremony.
El Gamal v Al Maktoum
Non-marriage despite intention as ceremony took place in the flat. Did not take minimum steps to comply with the marriage acts.
Chief Adjudication Officer v Bath
Presumption of marriage.
No evidence the Sikh temple was registered but 37 years living as husband and wife.
Dukali v Lamrani
No presumption. Only lived as husband and wife.
Corbett v Corbett
Voidable marriage.
Obiter, Ormrod J stated that a male-to-female transexual was incapable of consummating the marriage.
W v W (Physical Intersex)
Charles J said that the obiter in Corbett v Corbett was not necessarily the case.
Hyde v Hyde
Need to both consent to the marriage.
Hirani v Hirani
Established the test for duress. Whether threats, pressure, or other acts were sufficient to destroy the reality of consent and overbear the will of the individual.
NS v MI
Forced marriages are unacceptable but arranged marriages need to be respected and supported - Munby J.
