Misc. Marriage Topics (England and Wales)

Misc. Marriage Topics (England and Wales)

1. Non-Compliance with Marital Proceedings

   • Valid - if non-compliance is relatively minor then validity of marriage probably not affected (see s.48 MA 1949)
   • Void - if non-compliance is of a specified nature and is "knowing and wilful" (see nullity of marriage)
   • Non-Marriage - if non-compliance is of a specified nature and is not "knowing and wilful"
     • Hudson v Leigh [2009] EWHC 1306 (Fam)
       • Dispute over religious ceremony, settled for religious ceremony in South Africa where male had a second home, to be proceeded by civil ceremony in England
         • Marriage broke down during period between two ceremonies
       • Was there a marriage which was simply void, or no marriage at all?
       • Would the ceremony constitute a marriage in South Africa?
       • Cleric and parties both understood ceremony was not to constitute an actual marriage despite guests not being aware of this
         • Possible to have a non-marriage rather than a void one as submitted by male's counsel
           • e.g. where parties pursue a full wedding rehearsal

2. The Presumption of Marriage

   • Onus lays on a person challenging an apparent marriage
   • If a man and woman go through a form of ceremony and live together unchallenged as husband and wife there is a presumption that they have been through a valid ceremony (N.B. this living together in no way makes them married but raises presumption that they went through a proper ceremony, and it is the presumed ceremony that makes them married)
     • Chief Adjudication Officer v Bath [2001] 1 FLR 8
       • Sikh marriage took place in Sikh temple in 1956, couple lived together until the husbands death in 1994
         • Not registered building at time of marriage
         • Marriage not registered at Registrar Office
       • Marriage still held valid as presumption arose through cohabitation
       • had marriage ended soon after ceremony it is likely that the marriage would have been held to have been void

3. Offences in the Formation of Marriage

   • Marriage Act 1949
     • s.75 - Offences relating to the solemnisation of marriage
     • s.76 - Offences relating to the registration of marriage
     • s.77 - Offences by authorised persons
   • Perjury Act 1911
     • s.3 - false statements, with reference to marriage

4. Marriage of Same-Sex Couples

   • Previously such a marriage was void ab initio s.11(c) Matrimonial Causes Act 1973
     • Repealed by Marriage (Same Sex Couples) Act 2013 Sch.7(2) para.27
   • Only one status of marriage available to all, no such thing as "gay marriage" or "heterosexual marriage"
     • s.9 Marriage (Same Sex Couples) Act 2013 provides for conversion of a qualifying CP into marriage, s.1(6) and s.12(2) provide that adultery for purposes of divorce and impotence for purposes of voidable marriage are excluded
   • Rules of marriage same for all couples except that CofE cannot celebrate marriage of same-sex couples and other religious bodies and individual religious celebrants cannot be required to officiate at a marriage of a same-sex couple per Marriage Act 1949 s.26(A) and also s.2