Nullity Flashcards
Hudson v Leigh
Guidance on whether marriage is non-marriage or void
LA v X and a Child
14 year old girl born in UK was taken by brother and father to Pakistan under pretence that it was holiday, put under considerable duress (threatened with gun) in order to participate in wedding ceremony. Two weeks later marriage was consummated, she fell pregnant. X returned to UK and had baby. LA sought declaration that marriage was never valid. X herself had not petitioned for nullity. Court held that marriage was void due to her age, therefore if she chose to petition for nullity the court would grant it. The court could not make declaration as there was another legal remedy available.
D-E and A-G
Consummation = sexual intercourse (at least once) after the solemnisation, does not relate to fertility, ordinary and complete intercourse, not partial and imperfect.
Corbett v Ashley
A was born male, had gender reassignment surgery, married man. Nullity petition within two months, A was still legally a male (before Gender Recognition Act, therefore legally unable to consummate marriage. 5 key tests for legal gender - chromosonal, gonadal, genital, psychological and possibly hormonal.
Baxter v Baxter
Consummation with condom still counts.
R v R
Definition of sex - vaginal penetration is required, must be more than transient, inability of husband to ejaculate is not relevant.
Jodla v Jodla
Couple had civil wedding, planned to follow with religious ceremony, lived apart until latter happened. When respondent refused to take part in church ceremony, held to be willful refusal to consummate.
Kaur v Singh
Sikh civil marriage to be followed by religious ceremony, W returned home to one of her brothers after the civil ceremony, H’s duty to arrange religious ceremony but never did. Failure to arrange was willful refusal as it made consummation (religiously) impossible.
Ford v Ford
Marriage took place in a prison, would have been possible to consummate at that point, didn’t occur. Prisoner released for home visits, chose to go to ex girlfriend rather than wife, held that this constituted willful refusal.
Mehta v Mehta
One party thought the ceremony was to change religion, not to marry. Voidable under s12(c)
Puttick v AG
A man married a woman who gave false name, not voidable under s12(c)
Sheffield CC v E and S,
Unsoundness of mind under s12(c)
Buckland
Petitioner falsely accused of sex with young girl, threat of prison if he did not marry her - duress under s12(c)
Szechter
Polich woman in prison following arrest, married so she could leave prison and Poland, decree issued for lack of consent under s12(c) - genuine, reasonably held, fear of threat to life, limb or liberty (hard line)
Scott v Sebright
Soft line - wedding under threat of bankruptcy
Hirani
Soft line - arranged marriage, threat of disownment if she did not go through with it. Were the threats such to destroy the reality of consent, and overbear the will of the individual?
NS v MI
16 year old entered into arranged marriage to cousin, family hid passport etc so she could not return to UK from Pakistan, no consummation. Nullity under s12(c).
Whitson v Whitson
s13 bar to relief - petitioner’s conduct prevented relief. W was previously married, married H in UK, then found out W never divorced Thai husband.
ST v JT
JT born male, had gender reassignment. ST did not know. He applied for financial provision on breakup, was rejected.
Rampal v Rampal
Married in 1974, W was pregnant. H was already married. W unaware of previous marriage (H contended she knew). Held Whitson was confined to bigamy and innocent spouses.
Horton v Horton
Wilful refusal ‘a settled and definite reason come to without just excuse’
