Nulity Of Marrige And Civil Partnerships Flashcards
Burke v Burke 1983
One of the parties are already married or in a civil partnership then the marriage would be void
Man was married, however got married again and had another child, second wife received damages
Lang v Lang 1921
Error as to person or identify of person
Sailor married woman on belief that he was the father of her child, error as to qualifies or attributes was not held to be a ground for nullity.
McLeod v Adams 1920
Error as to identity of person
Soldier said he was a Sargent in the black watch, then deserted her and took all her savings.
Held: no error as to the identity as the widow intended to marry the man before her, was a problem with qualities.
Valier v Valier
Error as to nature if ceremony
Italian man wasn’t aware that he had even gone through a ceremony. He spoke bad English and she had just given him a ring and made him sign something. Marriage was held void
Kenward v Kenward
Not an error as to nature of ceremony
Man married Russian woman and then left Russia and he was not allied back in nor was she allows out. Error at to married life not ceremony
Long v Long
Incapacity to understand
Mental disorder
Husband married a woman who had previously been in an institution, the husband said that the woman’s mental state was not good and so the marriage should be void however no evidence as to this fact and as such the marriage was not help void
Johnston v Brown
Incapacity to understand
Intoxication (high level)
Old case in 1823, the pursued obtained nullify that on the basis of the ceremony that the woman was highly intoxicated on the wedding day and for 3 days after
Buckland v Buckland 1967
Common law example of duress subjective test
Man accused of sexually corrupting a young girl, he was given the choice to marry of face charges and do to fear of prosecution he married her
Nullity granted
Mahmood v Mahmood 1993
Duress
Declarator of nullity granted on the basis of force and fear following a family pressure (threatened to be cut off and sent back to Pakistan).
Shows it has to be bad consequences not just disapproval to be duress
Parents went beyond parental boundaries and therefore marriage was null
Mahmud v Mahmud 1993
Duress
Man from Edinburgh forced to marry Pakistani girl and put under extreme pressure by the family. Counts as duress
Orlandi v Castillo 1961
Sham marriage doctrine
Both believed no proper marriage because there was no proper catholic ceremony. Nullity granted because neither person believed themselves to be married
Hakeem v Hussain 2003
Sham marriage doctrine
21 yo woman married man in a civil ceremony and planned to have religious ceremony at a later date. Woman sought a sham and nullity, however this was not allowed - parties were a true couple so there was consent
Bellinger v Bellinger
Change in approach to same sex marriages being void
Held that failure to allow individuals who has undergone reassignment surgery to marry in their new gender did constitute breach of Arts 8 and 12.
