Marriage and civil partnerships Flashcards
Goodwin v UK
Law had difficulty recognising those whose gender differered from that assigned at birth. Concerned woman who was born a man, could not legaly change gender, meant that she could not marry a man. Law changed with Gender Recognition Act 2004.
Wilkinson v Kitzinger
Same sex marriage was conducted overseas, to be registered in the UK was converted to a civil partnership, held that this did not breach rights.
Hyde v Hyde
Marriage = voluntary union for life of one man and one woman to the exclusion of all others.
Sheffield v E
E (21) had mental age of 13, was vulnerable adult. Was cohabiting with 37 year old with history of sexual crime, wanted to marry. LA brought capacity proceedings. Does E understand the marriage contract? Does she understand the duties and responsibilities that usually attach to marriage?
M v B, A and S
LA declared 23 year old to lack capacity, was not in her best interests to return to Pakistan to marry
City of Westminster v IC, KC and NN
Man had reduced intellectual capacity, his family arranged a marriage by phone to Bangladeshi woman, held that he lacked the necessary capacity for the marriage to be recognised as valid.
Sandwell v RG, GG, SK and SKG
Husband had at date of marriage lacked capacity. Nullity was not in his best interests, even though he lacked capacity to sex. LA had to supervise contact. Wife would have suffered if annulment ordered.
B & L v UK
Wanting to marry father in law, not absolute prohibition but would have to get Act of Parliament to allow it. Held that the UK laws on affinity were inconsistent, irrational and illogical, Art 12 was breached. Law was amended afterwards, can now marry in laws.
Geries v Yagoub
Void marriage rather than non-marriage, priest warned parties that marriage was not legally valid, but parties treated it as marriage. Obiter - no decree would be needed if ceremony was no more than “mock marriage”.
Chief Adjudication Officer v Bath
Sikh wedding, husband died. Used presumption - no “knowing and willful” lack of formalities, must look at facts of case.
AM v AM
Muslim ceremony - 20 years later, were they married? Differed from CAO v Bath as parties knew they were not validly married, so held not to be valid.
Pazpena de Vire v Pazpena de Vire
Marriage by proxy in Uraguay, no state record, claim that certificate was forged. Held to be a presumption of marriage, on basis of 35 years of cohabitation and public recognition.
Ghandi v Patel
Hindu marriage at a restaurant, Brahmin priest, misrepresentation by H that he was divorced, no effort to follow UK requirements. Not “void marriage”, but no sort of marriage at all - “non-marriage”. Not entered in good faith.
G v M
Events said to have taken place at respondent’s flat, applicant contends that she went through valid Islamic ceremony, all involved believed it would be valid under UK law, respondent denied any ceremony took place. Potentially lawful marriage, was there a “non-marriage” or non-existent marriage? Held she could get certificate of nullity.
Hudson v Leigh
Questionable ceremonies to be addressed on a case by case basis, considerations: whether the ceremony or event set out or purported to be a lawful marriage, whether it bore all or enough of the hallmarks of marriage, whether, the three key participants (especially official) believed, intended and understood the ceremony as giving rise to lawful marriage, and the reasonable perceptions, understandings and beliefs of those in attendance.
