NULLITY! Flashcards
B and L v UK
Changed the law on ex parent in law marriage.
Baxter v Baxter
Consummation with a condom is still consummation
Kaur v Singh
As she refused to arrange religious ceremony, she couldn’t have sex, and therefore it was wilful refusal.
Mehta?
Mistake as to the nature of the ceremony.
Singh v Singh
Objective standard of duress - now rejected
Hirani v Hirani
Subject threat enough to destroy reality of consent. In this case it was being kicked out of her home. Overbore the individual.
Corbett v Ashley
Transsexual cannot consummate.
Sheffield v E
Unsound mind - 21 year old with a 13 year old’s IQ
Hudson v Leigh?
Test for a non-marriage:
Did ceremony set out to create lawful marriage?
Did it bear all, or enough, hallmarks of marriage?
Did three key participants believe and intend it to be a legal marriage?
Reasonable perceptions of those in attendance?
Sharbatly v Shagroon?
Muslim ceremony held in the UK. Did not try to comply with formalities. Non-marriage.
Form prioritised over intention
Gereis v Yagoub?
Despite wrong location, and lack of qualified cleric, the marriage was a void-marriage.
This was because it bore all the hallmarks, and the parties had intention.
Dukhali v Lamrani
Moroccan ceremony in London held to be a non-marriage
B v I?
Woman forced into marriage in Bangladesh. Tried to forget about it, but comes forward after 4 years.
Normally this is voidable, but voidable had 3 year time limit.
Therefore, court opted for non-recognition to bypass Time Limit.