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How to start intro for PQ: Marriage was defined in Hyde v Hyde as "the voluntary union for life of one man and one woman to the exclusion of others". However, due to the Marriage (Same Sex Couples) Act 2013 marriage can now be defined as ‘the voluntary union for life’ of 2 people. Overall, the focus of this question is whether the marriage between x & y is valid which will be discussed using Section 11 & 12 of the Matrimonial Causes Act 1973.
- A failure to comply with the formality requirements may result in the court deciding that the marriage is void or that there was no marriage at all. The distinction between a void marriage & non-marriage is important. A non-marriage is defined as…
Voidable Marriage: marriage which can be cancelled at the option of one of the parties
Void Marriage: Legal relationship never valid in the eyes of the law
Non-Marriage: where the ceremony that the parties undertook was nothing like a marriage and so is of no legal consequence.
Void marriages:
The Matrimonial Causes Act 1973, section 11 sets out grounds on which a marriage is void:
a. Marriages between people within the prohibited degrees of relationship
b. Either of the parties are under the age of 16
c. Either of the parties is married or civil partnership to someone else.
d. in the case of a polygamous marriage entered into outside England and Wales, that either party was at the time of the marriage domiciled in England and Wales.
e. Disregard of formalities
- Preliminary formalities
If you are going to get married, there are preliminary formalities to follow:
For a Non-church of England, marriage can be solemnized in approved premises, but only after the grant of:
- A superintendent registrar’s certificate; or
- (^) A registrar-general’s licence
For a church of England, marriage can be solemnized:
- After the publication of ‘banns’ or
- Granting of superintendent registrar certificate or registrar general’s licence
- Marriage ceremony
I. If it’s a civil marriage:
- It has to be in an approved premises/registry office
- Conducted by a superintendent registrar & in the presence of the registrar
- Parties must declare no lawful impediments & exchange vows
- There must be 2 witnesses
II. If it’s a religious marriage:
- It has to be celebrated according to the rites of the particular religion
- (^) Must be conducted by person of the religious organisation; however, non-Anglican, Jewish or Quaker weddings require a presence of a registrar or an ‘authorised person’
- Must take place in a ‘registered building’ except for Jewish & Quaker weddings
- Duress:
- For: Hirani v Hirani & NS v MI
- Against: Singh v Singh
- (^) Mistake:
I. Identity
- Moss v Moss
- C v C
- Militante v Ogunwomoju
II. Nature of the ceremony
- Valier v Valier
- Mehta v Mehta
- Unsoundness of mind:
- X City Council v MB
- Sheffield City Council
- Sandwell MBC v RG
- Otherwise:
d. that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage;
e. that at the time of the marriage the respondent was suffering from venereal disease in a communicable form
f. that at the time of the marriage the respondent was pregnant by some person other than the petitioner
g. that an interim gender Recognition certificate under the gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage
h. that the respondent is a person whose gender at the time of the marriage has become the acquired gender under the gender Recognition Act 2004 (they did not disclose that they had a sex change)
i. sham marriages
Bars to relief voidable marriages:
section 13 of the Matrimonial Causes Act 1973 sets down the bars to annulling a marriage. if one of these bars operates then, even though the applicant may be able to establish one of the voidable grounds, the court will not annul the marriage. The bars are:
a. The petitioner knew that they could have avoided the marriage, but behaved in such a way that the respondent believed that they would not seek to annul the marriage.
b. It must also be shown that it would be unjust to the respondent to grant the decree of annulment.
Time: applications must be made within 3 years of the marriage, except for cases involving failure to consummate which has no time bar.
Void Civil partnerships:
Civil Partnership Act 2004 Section 49
A civil partnership will be void if:
a. the parties were not of the same sex
b. either of them was already a civil partner or married
