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Adult Relations - Nullity of Marriage (England and Wales)

Gelöschter Nutzer Der Nutzer hat seine Fachbereichs-Information gelöscht. Englisch

Inhalt der Mindmap

Adult Relations - Nullity of Marriage (England and Wales)

  1. Void Marriage

    • Declarations as to Marital Status
      • s.55 Family Law Act 1986 - Declarations as to Marital Status
        • (a) Declaration that marriage was void at its inception
          • N.B. no power to apply for such a declaration, proper procedure to seek decree of nullity and court will make orders relating to children and financial relief per Family Law Act 1986 s.58(5)(a)
            • A Local Authority v X and a Child (2013) EWHC 3274 (Fam) [2014] 2 FLR 123
              • Forced marriage, Pakistani girl (>16) domiciled in England, fell pregnant after consummation of marriage
              • Care proceedings commenced, COURT DECIDED because >16 according to Marriage Act 1949 lacked capacity to marry and therefore marriage void
                • However, statutory bar of s.58(5) meant that court would not present decree and therefore refused petition sought by local authority
            • Applications may however be made to the High Court for a declaration that there never was a marriage
        • (b) declaration that marriage subsisted on a date specified in the application
        • (c) Declaration that the marriage did not subsist on a date so specified
        • (d) Declaration that the validity of a divorce, annulment or legal separation obtained in any country outside England and Wales in respect of the marriage is entitled to recognition in England and Wales
        • (e) Declaration that the validity of a divorce, annulment or legal separation so obtained in respect of the marriage is not entitled to recognition in England and Wales
    • Formal Defects in Marital Ceremony
      • NOT EVERY DEFECT WILL RENDER MARRIAGE VOID
        • Socially desirable concept, evasion of all marriages with minor technical defects would go against public policy
        • Some defects will not render nullity at all, some will be void if both parties contracted to the marriage with knowledge of the default
          • If only one party has knowledge of defect then they commit the criminal act of perjury under s.3 of the Perjury Act 1911
      • Defects that will NEVER invalidate a marriage
        • Marriage Act 1949 s.24 & 48
          • (i) that any statutory residence requirements were not fulfilled
          • (ii) absence of necessary consent concerning the marriage of a minor by common license or superintendent registrar's certificate
          • (iii) that the registered building in which the marriage took place had not been certified as a place of religious worship or was not the parties usual place of worship
          • (iv) incorrect declaration made in order to be permitted to marry in a registered building
      • Defects which MAY invalidate a marriage
        • For Marriages According to CofE rules
          • (i) failure to publish banns correctly or to obtain a common license/certificate
            • (ii) solemnisation in a place other than one where Banns may be published or to which the certificate applied
              • (iii) solemnisation by a person not in Holy Orders
                • (iv) marriage outside time limit after publication of banns/issue of license/entry of notice
                  • (v) marriage of a minor where a person so entitled has dissented
                    • (vi) where same-sex couples have pursued a religious marriage but the religious authority has not given written consent to opt-in and perform such a marriage (parties MUST have done so knowingly and willingly)
    • Lack of Capacity to Marry
      • s.11 Matrimonial Causes Act 1973 - Grounds on which a Marriage is Void
        • (a)(i) - Prohibited Degrees
        • (a)(ii) - either party >16
        • (a)(iii) - intermarriage with disregard to requirements of formation
        • (b) at time of marriage either party was already lawfully married or in CP
        • (d) in case of polygamous marriage entered into outside England and Wales that either party at the time of the marriage was domiciled in England or Wales
  2. Voidable Marriage

    • s.12 Matrimonial Causes Act 1973 - Grounds for Voidability
      • (i) incapacity of either party to consumate
        • (ii) wilful refusal of respondent to consumate
          • (iii) No valid consent by either of the parties, by either duress, mistake or unsoundness of mind
            • (iv) though capable of giving consent was suffering from mental disorder within the meaning of the MHA 1983 as to be unfit for marriage
              • (v) suffering from venereal disease at the time of the marriage which was in a communicable form
                • (vi) pregnancy at time of marriage by someone other than the pursuer
                  • (vii) Gender Recognition Certificate issued to either party after the marriage occurs
                    • (viii) Respondent is a person whose gender at time of marriage had become acquired
                      • under Gender Recognition Act 2004
                    • under Gender Recognition Act 2004
          • Not applicable to same-sex couples
        • Not applicable to same-sex couples
      • (iii) - (viii) also applicable to marriages converted from Civil Partnership
        • N.B. as per s.12A Matrimonial Causes Act 1973 (grounds on which a marriage converted from civil partnership will be void or voidable)
          • Marriages resulting from purported conversion of a VOID civil partnership are also VOID (application of s.12(1) (c)-(h)
    • s.13 Matrimonial Causes Act 1973 - Personal Bar
      • ss.(1)(a) no decree granted if petitioner led the respondent to believe that he would not seek to avoid the marriage
        • ss.(1)(b) no decree if it would be unjust to the respondent to grant such a decree
      • ss.(2) - interaction of s.12 and s.13 applicable to paragraph's (c) (d) (e) (f) and (h) of s.12
        • (a) no decree unless satisfied that proceedings were instituted within the period of three years from the date of the marriage
        • (b) leave for institution of proceedings after expiration of such a period granted under ss.(4)
      • ss.(2A) - applicable to paragraph (g) of s.12
        • Time limit of six months from date of issue of interim GRC
      • ss.(3) - applicableto paragraph''s (e) (f) and (h) of s.12
        • petitioner barred from decree unless ignorant of the facts alleged
      • ss.(4) - applicable to paragraph's (c) (d) (e) (f) and (h) of s.12
        • judge may grant leave for institution of proceedings after an expiration period IF
          • he is satisfied that the petitioner has at some time during that period suffered from mental disorder within the meaning of the MHA 1983
          • he considers that in all the circumstances of the case it would be JUST to grant leave for the institution of proceedings
          • an application for leave under ss.(4) may be made after the expiration of the period of three years from the date of the marriage

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Beschreibung
Der Nutzer hat seine Fachbereichs-Information gelöscht. Mindmap am Adult Relations - Nullity of Marriage (England and Wales), erstellt von Gelöschter Nutzer am 19/04/2017.
Erstellt von
Gelöschter Nutzer · Apr 2017
Aktualisiert
19 Apr 2017
Aufrufe
23
Verlauf
  • Erstellt von Ruaraidh Simpson · 16 Apr 2017
  • Kopiert von Ruaraidh Simpson · 19 Apr 2017
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