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
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
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
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Repealed by Marriage (Same Sex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