Misc. Marriage Topics (England and Wales)

Non-Compliance with Marital Proceedings
1. Valid - if non-compliance is relatively minor then validity of marriage probably not affected (see s.48 MA 1949)
2. Void - if non-compliance is of a specified nature and is "knowing and wilful" (see nullity of marriage)
3. Non-Marriage - if non-compliance is of a specified nature and is not "knowing and wilful"
  1. Hudson v Leigh [2009] EWHC 1306 (Fam)
    1. 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
      1. Marriage broke down during period between two ceremonies
    2. Was there a marriage which was simply void, or no marriage at all?
    3. Would the ceremony constitute a marriage in South Africa?
    4. Cleric and parties both understood ceremony was not to constitute an actual marriage despite guests not being aware of this
      1. 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
The Presumption of Marriage
1. Onus lays on a person challenging an apparent marriage
2. 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)
  1. Chief Adjudication Officer v Bath [2001] 1 FLR 8
    1. Sikh marriage took place in Sikh temple in 1956, couple lived together until the husbands death in 1994
      1. Not registered building at time of marriage
      2. Marriage not registered at Registrar Office
    2. Marriage still held valid as presumption arose through cohabitation
    3. had marriage ended soon after ceremony it is likely that the marriage would have been held to have been void
Offences in the Formation of Marriage
1. Marriage Act 1949
  1. s.75 - Offences relating to the solemnisation of marriage
  2. s.76 - Offences relating to the registration of marriage
  3. s.77 - Offences by authorised persons
2. Perjury Act 1911
  1. s.3 - false statements, with reference to marriage
Marriage of Same-Sex Couples
1. Previously such a marriage was void ab initio s.11(c) Matrimonial Causes Act 1973
  1. Repealed by Marriage (Same Sex Couples) Act 2013 Sch.7(2) para.27
2. Only one status of marriage available to all, no such thing as "gay marriage" or "heterosexual marriage"
  1. 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
3. 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

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Misc. Marriage Topics (England and Wales)

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