Void Marriage

B v B (Declaration as to Marital Status) [2026] EWHC 1317 (Fam)

David Rees KC (sitting as a deputy judge of the High Court). The husband sought a declaration of marital status under s 55 of the Family Law Act 1986, asserting that the parties’ customary marriage under Cameroonian law had been dissolved by a customary divorce.

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

The distinction between void, voidable and non-qualifying ceremonies can be difficult to discern. The case law is voluminous and often turns on very specific factual scenarios. The case of Tousi v Gaydukova [2024] EWCA Civ 203 entered a further level of complexity by relating to a foreign ‘marriage’ in the

Tousi v Gaydukova [2024] EWCA Civ 203

Judgment date: 06 March 2024 https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/203 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? Appeal from

PF v QF [2024] EWFC 10 (B)

Judgment date: 15 January 2024 https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/10 HHJ Reardon. Application to strike out W’s FR claim resulting from her bigamy (ex turpi causa). Background At the time of the parties’ marriage in Bangladesh in December 2001, W was not yet divorced from

Voidable Marriages

Voidable Marriages

By Sir Nicholas Mostyn, a judge of the High Court, Family Division, and of the Court of Protection 2010–2023.[[1]] Can a declaration of non-recognition of a voidable overseas marriage, where at least one of the parties is domiciled in England and Wales, lawfully be made? The answer to

Tousi v Gayukova [2023] EWHC 404 (Fam)

Judgment date: 27 February 2023 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/404 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