Nulity Of Marriage & CP

Question 1

Burke
V
Burke

Answer 1

Marriage null if already married

Man married and living with wife, secretly had another wife who he saw “on night shift”
Found out, brought action for Nulity

Held: null, received damages for being trapped in marriage contact

Question 2

Essential error as ground for Nulity

S20A of 1997

S123 of 2004

Answer 2

2 types

Error as to person or identity of person

Error as to nature of ceremony

Question 3

Lang
V
Lang

Answer 3

Error as to person/identity of person

Sailor married woman on understanding she was pregnant with his child, lie

Held: no Nulity as was error as to attributes not as to actual person

Question 4

Valier
V
Valier

Answer 4

Error as to nature of ceremony

Italian man not aware he had gone through ceremony

Held: marriage void, woman had taken advantage of language barrier

Question 5

Incapacity to understand as grounds

Answer 5

A marriage will be void if at the time of the ceremony, a party to the marriage was incapable of understanding the nature of marriage or consenting to marriage

Question 6

Long
V
Long

Answer 6

Mental incapacity as ground

Sought to nullify marriage on grounds wife was a mental defective

Held: even if she was, didn’t mean she was incapable of understanding nature of ceremony

Highlights how serious disorder must be

Question 7

Johnston
V
Brown

Answer 7

Incapacity due to intoxication

P attained Nulity as she was highly intoxicated on wedding day and 3 days after

Must be very high level to be deemed incapacitated

Question 8

Duress as grounds

Very subjective test ***

Answer 8

A marriage of CP will be void if at the time of ceremony, party was capable of consenting to marriage purported to give consent but did so by reason of

Duress or error

Question 9

Mahmood
V
Mahmood

Answer 9

Duress

Arranged marriage, if didn’t consent would be financially cut of, sent back to Pakistan

Nulity granted on basis of force and fear threats were sufficient to overcome normal persons stance

Must be more than fear of disapproval

Question 10

Forced Marriage etc. (Protection & Jurisdiction) (S) Act 2011

Answer 10

Protects people from being forced into marriage without their

Free and full consent

And for those who have been forced without such consent