Nullity of Marriage in UK Law

Leading Cases
  • Trippas v Trippas
    • Court of Appeal (Civil Division)
    • 15 Feb 1973

    (g) in the Case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring:

    and so to exercise those powers as to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other."

  • Minton v Minton
    • House of Lords
    • 23 Nov 1978

    There are two principles which inform the modern legislation. One is the public interest that spouses, to the extent that their means permit, should provide for themselves and their children. The law now encourages spouses to avoid bitterness after family break-down and to settle their money and property problems. An object of the modern law is to encourage each to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.

  • Chief Constable of the North Wales Police v Evans
    • House of Lords
    • 22 Jul 1982

    Like my noble and learned friend, I find much more difficulty in deciding the order which it is appropriate for the House to make in a case such as the present. In Ridge v. Baldwin ( supra), a majority of the House, in not dissimilar circumstances, granted a declaration that the decision of the Chief Constable was "void". This was the language adopted by the Court of Appeal in the instant case.

  • Piglowski v Piglowski
    • House of Lords
    • 24 Jun 1999

    These reasons should be read on the assumption that, unless he has demonstrated the contrary, the judge knew how he should perform his functions and which matters he should take into account. An appellate court should resist the temptation to subvert the principle that they should not substitute their own discretion for that of the judge by a narrow textual analysis which enables them to claim that he misdirected himself.

  • Miller v Miller (Short Marriage: Clean break)
    • House of Lords
    • 24 May 2006

    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.

  • Radmacher (formerly Granatino) v Granatino
    • Supreme Court
    • 20 Oct 2010

    On the other hand, respecting their individual autonomy reflects a different kind of equality. In the present state of the law, there can be no hard and fast rules, save to say that it may be fairer to accept the modification of the sharing principle than of the needs and compensation principles.

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Legislation
  • Nullity of Marriage Act 1971
    • UK Non-devolved
    • 1 de Enero de 1971
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ......to decree the Dissolution of a Marriage:' Be it therefore enacted by the Queen's most Excellent Majesty,. by and ... in respect of Divorces Mens et Thoro, . Suits of Nullity of Marriage, Suits of Jactitation. of Marriage, Suits for Restitution of ......
  • Matrimonial Proceedings (Children) Act 1958
    • UK Non-devolved
    • 1 de Enero de 1958
    ......apply in relation to a child of one party to the marriage (including. an illegitimate or adopted child) who has been accepted as ...for divorce, nullity of marriage or judicial separation. where the High Court has, by virtue of ......
  • Domicile and Matrimonial Proceedings Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ......by virtue only of marriage, be ascertained by reference to the. same factors as in the case of any ...nullity of. marriage; and. .   . ( b . ) proceedings for death to be presumed ......
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Books & Journal Articles
  • Report on the Departmental Committee on Human Artificial Insemination1
    • Núm. 24-1, Enero 1961
    • The Modern Law Review
    ...... HUMAN ARTIFICIAL INSEMINATION 1 IN the evidence of the Marriage Law Reform Society to the Royal Commission on Marriage and ... by him although he might be able to get a decree of nullity if the marriage had not been properly consummated. The ......
  • THE OPERATION OF NULLITY DECREES
    • Núm. 11-1, Enero 1948
    • The Modern Law Review
    ...... Cheshire in his Private International Law in reference to ceremonies which the courts have held that there was no marriage at all because of impotence, wilful refusal, insanity and other causes. In tile Law Quarterly Review, October 1947, Mr. J. F. ......
  • THE VALIDATION OF VOID MARRIAGES
    • Núm. 31-6, Noviembre 1968
    • The Modern Law Review
    ...... 22 it is provided that in all suits except those of dissolution of marriage (including therefore suits for nullity) relief shall be given on the principletl prevailing in the Ecclesiastical Courts. . . . The grounds of nullity are ......
  • RECENT PERIODICAL LITERATURE
    • Núm. 14-2, Abril 1951
    • The Modern Law Review
    ...... 871. S. RYAN : Nullity of marriage: jurisdiction, choice of law nnd related ......
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Law Firm Commentaries
  • Is Your Marriage Recognised In England?
    • Mondaq UK
    ......Where a marriage is voidable a declaration of nullity can still lead to financial remedies. This is following section 14, Matrimonial Causes Act 1973 whereby the Court can overlook a flawed marriage ......
  • Islamic Marriages May Fall With The Scope Of English Divorce Law
    • Mondaq UK
    ...... as non-existent or a non-marriage, choosing instead to regard it as void which enabled him to nullify the marriage and grant a decree of nullity.  The judge explained that the couple were married in 1998, regarded themselves as a married couple, introduced each other as husband and wife were ......
  • Family Asset Protection – LGBT* clients and alternative families
    • JD Supra United Kingdom
    In the summer of the fiftieth anniversary of the Stonewall riots, the LGBT* community have a lot to celebrate. In the last 15 years, there have been significant changes for same-sex couples in Engl...
    ...... allowed individuals to change their legal gender and in 2013 the Marriage (Same Sex Couples) Act 2013 finally legalised same-sex marriage in England ...The application for annulment, called a nullity petition, must be made within 6 months of the issue of the interim GRC. ......
  • Arrangement With The Mainland On Reciprocal Recognition And Enforcement
    • Mondaq UK
    ...... solution, especially given the substantial rise in cross border marriages in recent years. In June 2016, the Legislative Council Panel on ... The Arrangement will cover the recognition of divorce and nullity decrees in each jurisdiction (including 'divorce certificates' in the ......
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