Marriage in UK Law

Leading Cases
  • Miller v Miller (Short Marriage: Clean break)
    • House of Lords
    • 24 Mayo 2006

    This principle is applicable as much to short marriages as to long marriages: see Foster v Foster [2003] EWCA Civ 565; [2003] 2 FLR 299, 305, para 19 per Hale LJ. A short marriage is no less a partnership of equals than a long marriage. The difference is that a short marriage has been less enduring. In the nature of things this will affect the quantum of the financial fruits of the partnership.

    The parties' matrimonial home, even if this was brought into the marriage at the outset by one of the parties, usually has a central place in any marriage. So it should normally be treated as matrimonial property for this purpose. As already noted, in principle the entitlement of each party to a share of the matrimonial property is the same however long or short the marriage may have been.

  • R (Mahmood) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 08 Diciembre 2000

    If the established rule is to the effect —as it is —that a person seeking rights of residence here on grounds of marriage (not being someone who already enjoys a leave, albeit limited, to remain in the UK) must obtain an entry clearance in his country of origin, then a waiver of that requirement in the case of someone who has found his way here without an entry clearance and then seeks to remain on marriage grounds, having no other legitimate claim to enter, would in the absence of exceptional circumstances to justify the waiver, disrupt and undermine firm immigration control because it would be manifestly unfair to other would-be entrants who are content to take their place in the entry clearance queue in their country of origin.

  • Luciara Machado Rosa v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 15 Enero 2016

    It may be useful to contrast a marriage of convenience with a "genuine" marriage (indeed, Underhill LJ treated them as antonyms at paragraph 6 of his judgment in Agho), but the focus in relation to a marriage of convenience should be on the intention of the parties at the time the marriage was entered into, whereas the question whether a marriage is "subsisting" looks to whether the marital relationship is a continuing one.

  • Hyman v Hyman
    • House of Lords
    • 30 Abril 1929

    However this may be, it is sufficient for the decision of the present case to hold, as I do, that the power of the Court to make provision for a wife on the dissolution of her marriage is a necessary incident of the power to decree such a dissolution, conferred not merely in the interests of the wife, but of the public, and that the wife cannot by her own covenant preclude herself from invoking the jurisdiction of the Court or preclude the Court from the exercise of that jurisdiction.

  • Poel v Poel
    • Court of Appeal (Civil Division)
    • 24 Julio 1970

    The way in which the parent who properly has custody of a child may choose in a reasonable manner to order his or her way of life is one of those things which the parent who has not been given custody may well have to bear, eventhough one has every sympathy with the latter on some of the results.

  • Cooke v Head
    • Court of Appeal (Civil Division)
    • 19 Enero 1972

    It is now held that, whenever two parties by their joint efforts acquire property to be used for their joint benefit, the Courts may impose or impute a constructive or resulting trust. The legal owner is bound to hold the property on trust for them both. It can be enforced by an order for sale, but in a proper case the sale can be postponed indefinitely. It applies to husband and wife, to engaged couples, and to man and mistress, and may be toother relationships too.

See all results
Legislation
See all results
Books & Journal Articles
  • Marriage rows.
    • No. 2000, December 2000
    • Financial Management (UK)
    • Tavakoli, Iraj
    ...Expansion is not a choice for firms, it is is a question of survival, and this is becoming increasingly true as markets consolidate into global enterprises. But, warns Iraj Tavakoli, successful mergers and acquisitions depend on more than ambition an......
  • Governed by marriage law
    • No. 25-3, June 2016
    • Social & Legal Studies
    • 0000
    Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but th...
  • Child marriage and family reunification
    • No. 35-2, June 2017
    • Netherlands Quarterly of Human Rights
    • 0000
    The Dutch Forced Marriage Prevention Act aims to prevent family reunification of so-called child brides with their husbands in the territory of the Netherlands by no longer recognizing child marria...
  • Who Benefits from Marriage?*
    • No. 71-1, February 2009
    • Oxford Bulletin of Economics and Statistics
    The phenomenon that married men earn higher average wages than unmarried men – the marriage premium – is well known. However, the robustness of the premium across the wage distribution and the unde...
See all results
Law Firm Commentaries
See all results
Forms
  • Application for a Forced Marriage Protection Order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
  • Petition for a presumption of death decree/order and the dissolution of a marriage/civil partnership
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
  • Statutory declaration for the spouse of an applicant for gender recognition
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to gender recognition including applying for a Gender Recognition Certificate (Form T450).
    ... ... Under the gender ... recognition provisions, it is possible for some applicants to remain in an existing ... marriage or civil partnership entered into in their birth gender and receive a full ... Gender Recognition Certificate if ... • They are in a protected ... ...
  • Form D8N
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... You should complete this form if you wish to apply to the court to annul your marriage or civil partnership ... In this form any reference to a marriage certificate or civil partnership certificate means a certified copy ... of the ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT