Validity of marriage
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Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)15 May 2024
Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’.
- Cases
- Validity of marriage
- Appeals
- Setting Aside Orders (Including Barder Applications)
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Tousi v Gaydukova [2024] EWCA Civ 2036 March 2024
McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity?
- Cases
- Non-Qualifying Ceremony
- Validity of marriage
- Jurisdiction
- Locus Lex Celebrationis
- Void Marriage
- Transfer of Tenancy
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Tousi v Gayukova [2023] EWHC 404 (Fam)27 February 2023
Mostyn J. Does the court have jurisdiction to transfer a (housing association) tenancy between the parties to an invalid marriage? Do the consequences of invalidity fall to be determined under the law of the country of marriage, or only whether the marria…
- Cases
- Non-Qualifying Ceremony
- Validity of marriage
- Jurisdiction
- Locus Lex Celebrationis
- Void Marriage
- Transfer of Tenancy
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A v B [2022] EWFC 14925 May 2022
HHJ Reardon. W’s application under s 55 of the Family Law Act 1986 for declaration that no valid marriage subsisted between the parties because at the time of the purported wedding, conducted by a priest of the Associate Reformed Presbyterian Church in Sa…
- Cases
- Nullity
- Validity of marriage
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Boughajdim v Hayoukane [2022] EWHC 2673 (Fam)21 October 2022
MacDonald J. Long-running complex dispute over validity of marriage. W wanted a divorce; H said there was no marriage to dissolve.A valid marriage can be conducted in Morocco without a formal ceremony. W argued that a marriage had taken place albeit witho…
- Cases
- Lex Loci Celebrationis
- Validity of marriage
- Estoppel Res Judicatam
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Parveen v Hussain and the Queen’s Proctor [2022] EWCA Civ 14344 November 2022
Moylan, Asplin and Stuart-Smith LJJ. W was domiciled in Pakistan when her former husband pronounced talaq while in England. The talaq decree issued by a British mosque was certified by the Pakistani authorities as valid in Pakistan. W then married H in Pa…
- Cases
- Nullity
- divorce
- Validity of marriage
- Conflict of Law
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