8549756
Descrição
Mapa Mental por Ruaraidh Simpson, atualizado more than 1 year ago
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Criado por Ruaraidh Simpson
mais de 7 anos atrás
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Adult Relations - Nullity of
Marriage (England and Wales)
- Void Marriage
- Declarations as to Marital Status
- s.55 Family Law Act 1986 - Declarations as to Marital Status
- (a) Declaration that marriage was void at its inception
- N.B. no power to apply for such a
declaration, proper procedure to seek
decree of nullity and court will make
orders relating to children and financial
relief per Family Law Act 1986 s.58(5)(a)
- A Local Authority v X and a Child (2013)
EWHC 3274 (Fam) [2014] 2 FLR 123
- Forced
marriage,
Pakistani
girl (>16)
domiciled in
England, fell
pregnant
after
consummation
of
marriage
- Care proceedings
commenced,
COURT DECIDED
because >16
according to
Marriage Act 1949
lacked capacity to
marry and
therefore
marriage void
- However, statutory bar of s.58(5) meant
that court would not present decree
and therefore refused petition sought
by local authority
- However, statutory bar of s.58(5) meant
that court would not present decree
and therefore refused petition sought
by local authority
- Forced
marriage,
Pakistani
girl (>16)
domiciled in
England, fell
pregnant
after
consummation
of
marriage
- Applications may however be made
to the High Court for a declaration
that there never was a marriage
- A Local Authority v X and a Child (2013)
EWHC 3274 (Fam) [2014] 2 FLR 123
- N.B. no power to apply for such a
declaration, proper procedure to seek
decree of nullity and court will make
orders relating to children and financial
relief per Family Law Act 1986 s.58(5)(a)
- (b) declaration that marriage subsisted
on a date specified in the application
- (c) Declaration that the marriage did
not subsist on a date so specified
- (d) Declaration that the validity of a divorce, annulment
or legal separation obtained in any country outside
England and Wales in respect of the marriage is
entitled to recognition in England and Wales
- (e) Declaration that the validity of a divorce, annulment
or legal separation so obtained in respect of the marriage
is not entitled to recognition in England and Wales
- (a) Declaration that marriage was void at its inception
- s.55 Family Law Act 1986 - Declarations as to Marital Status
- Formal Defects in Marital Ceremony
- NOT EVERY DEFECT WILL RENDER MARRIAGE VOID
- Socially desirable concept, evasion of all marriages with
minor technical defects would go against public policy
- Some defects will
not render nullity
at all, some will be
void if both parties
contracted to the
marriage with
knowledge of the
default
- If only one party has knowledge of defect
then they commit the criminal act of
perjury under s.3 of the Perjury Act 1911
- If only one party has knowledge of defect
then they commit the criminal act of
perjury under s.3 of the Perjury Act 1911
- Socially desirable concept, evasion of all marriages with
minor technical defects would go against public policy
- Defects that will NEVER invalidate a marriage
- Marriage Act 1949 s.24 & 48
- (i) that any statutory residence
requirements were not fulfilled
- (ii) absence of necessary consent concerning
the marriage of a minor by common license
or superintendent registrar's certificate
- (iii) that the registered building in which the marriage
took place had not been certified as a place of
religious worship or was not the parties usual place
of worship
- (iv) incorrect declaration made in order to be
permitted to marry in a registered building
- (i) that any statutory residence
requirements were not fulfilled
- Marriage Act 1949 s.24 & 48
- Defects which MAY invalidate a marriage
- For Marriages According to CofE rules
- (i) failure to publish banns correctly or
to obtain a common license/certificate
- (ii) solemnisation in a place other than
one where Banns may be published or
to which the certificate applied
- (iii) solemnisation by a person not in Holy Orders
- (iv) marriage outside time limit after publication
of banns/issue of license/entry of notice
- (v) marriage of a minor where a
person so entitled has dissented
- (vi) where same-sex couples have pursued a religious
marriage but the religious authority has not given
written consent to opt-in and perform such a marriage
(parties MUST have done so knowingly and willingly)
- (vi) where same-sex couples have pursued a religious
marriage but the religious authority has not given
written consent to opt-in and perform such a marriage
(parties MUST have done so knowingly and willingly)
- (v) marriage of a minor where a
person so entitled has dissented
- (iv) marriage outside time limit after publication
of banns/issue of license/entry of notice
- (iii) solemnisation by a person not in Holy Orders
- (ii) solemnisation in a place other than
one where Banns may be published or
to which the certificate applied
- (i) failure to publish banns correctly or
to obtain a common license/certificate
- For Marriages According to CofE rules
- NOT EVERY DEFECT WILL RENDER MARRIAGE VOID
- Lack of Capacity to Marry
- s.11 Matrimonial Causes Act 1973 -
Grounds on which a Marriage is Void
- (a)(i) - Prohibited Degrees
- (a)(ii) - either party >16
- (a)(iii) - intermarriage with disregard to
requirements of formation
- (b) at time of marriage either party was
already lawfully married or in CP
- (d) in case of polygamous
marriage entered into outside
England and Wales that either
party at the time of the
marriage was domiciled in
England or Wales
- (a)(i) - Prohibited Degrees
- s.11 Matrimonial Causes Act 1973 -
Grounds on which a Marriage is Void
- Declarations as to Marital Status
- Voidable Marriage
- s.12 Matrimonial Causes Act 1973 - Grounds for Voidability
- (i) incapacity of either party to consumate
- (ii) wilful refusal of respondent to consumate
- (iii) No valid consent by either of the parties, by
either duress, mistake or unsoundness of mind
- (iv) though capable of giving consent was suffering
from mental disorder within the meaning of the
MHA 1983 as to be unfit for marriage
- (v) suffering from venereal disease at the time of the
marriage which was in a communicable form
- (vi) pregnancy at time of marriage by
someone other than the pursuer
- (vii) Gender Recognition Certificate issued
to either party after the marriage occurs
- (viii) Respondent is a person whose gender at time
of marriage had become acquired
- under Gender Recognition Act 2004
- under Gender Recognition Act 2004
- under Gender Recognition Act 2004
- (viii) Respondent is a person whose gender at time
of marriage had become acquired
- (vii) Gender Recognition Certificate issued
to either party after the marriage occurs
- (vi) pregnancy at time of marriage by
someone other than the pursuer
- (v) suffering from venereal disease at the time of the
marriage which was in a communicable form
- (iv) though capable of giving consent was suffering
from mental disorder within the meaning of the
MHA 1983 as to be unfit for marriage
- Not applicable to same-sex couples
- (iii) No valid consent by either of the parties, by
either duress, mistake or unsoundness of mind
- Not applicable to same-sex couples
- (ii) wilful refusal of respondent to consumate
- (iii) - (viii) also applicable to marriages converted from Civil Partnership
- N.B. as per s.12A Matrimonial Causes Act 1973 (grounds on which a marriage converted from civil partnership will be void or voidable)
- Marriages resulting from purported conversion of a VOID civil partnership are also VOID (application of s.12(1) (c)-(h)
- Marriages resulting from purported conversion of a VOID civil partnership are also VOID (application of s.12(1) (c)-(h)
- N.B. as per s.12A Matrimonial Causes Act 1973 (grounds on which a marriage converted from civil partnership will be void or voidable)
- (i) incapacity of either party to consumate
- s.13 Matrimonial Causes Act 1973 - Personal Bar
- ss.(1)(a) no decree granted if petitioner
led the respondent to believe that he
would not seek to avoid the marriage
- ss.(1)(b) no decree if it would be unjust
to the respondent to grant such a decree
- ss.(1)(b) no decree if it would be unjust
to the respondent to grant such a decree
- ss.(2) - interaction of s.12 and s.13
applicable to paragraph's (c) (d) (e) (f) and (h) of s.12
- (a) no decree
unless
satisfied that
proceedings
were
instituted
within the
period of
three years
from the date
of the
marriage
- (b) leave for
institution of
proceedings after
expiration of such
a period granted
under ss.(4)
- (a) no decree
unless
satisfied that
proceedings
were
instituted
within the
period of
three years
from the date
of the
marriage
- ss.(2A) - applicable to paragraph (g) of s.12
- Time limit of six months from date of issue of interim GRC
- Time limit of six months from date of issue of interim GRC
- ss.(3) - applicableto paragraph''s (e) (f) and (h) of s.12
- petitioner barred from decree unless
ignorant of the facts alleged
- petitioner barred from decree unless
ignorant of the facts alleged
- ss.(4) - applicable to paragraph's (c) (d) (e) (f) and (h) of s.12
- judge may grant leave for institution of proceedings after an expiration period IF
- he is satisfied that the petitioner has
at some time during that period
suffered from mental disorder within
the meaning of the MHA 1983
- he considers that in all the
circumstances of the case it
would be JUST to grant leave for
the institution of proceedings
- an application for leave under ss.(4)
may be made after the expiration
of the period of three years from
the date of the marriage
- he is satisfied that the petitioner has
at some time during that period
suffered from mental disorder within
the meaning of the MHA 1983
- judge may grant leave for institution of proceedings after an expiration period IF
- ss.(1)(a) no decree granted if petitioner
led the respondent to believe that he
would not seek to avoid the marriage
- s.12 Matrimonial Causes Act 1973 - Grounds for Voidability
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