Voidable Marriages

Question 1

D-E v A-G 1845

Answer 1

Consummation means sexual intercourse which is “ordinary and complete, and not partial and imperfect”.

Question 2

W v W 1967

Answer 2

Decree of nullity was given as his erection “collapsed” when they tried to have sex. Court said that intercourse has to last a reasonable amount of time and it hasn’t here.

Question 3

G v G 1924

Answer 3

Incapacity can be psychological as well as physical, so husband could have a decree of nullity due to her inability (for psychological reasons) to consummate.

Question 4

Singh v Singh 1971

Answer 4

You can petition based on your own incapacity to consummate.
Duress- young woman got married under pressure from her parents to marry a particular man, however the court said that this was not duress, merely pressure so the marriage was valid.

Question 5

Corbett v Corbett

Answer 5

Obiter on transexuals.
Ormrod J stated that a male-to-female transexual was incapable of consummating.
But then in W v W (Physical Intersex) Charles J said that this was not necessarily the case, meaning there is a lack of clarity.

Question 6

Hirani v Hirani

Answer 6

Test for duress. Whether threats, pressure, or other acts were sufficient ‘to destroy the reality of consent and overbear the will of the individual’.

Question 7

NS v MI

Answer 7

Forced marriages unacceptable but arranged marriages to be respected and supported - Munby J.