In Re: Ms A - Validity of Marriage
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Judgment Date | 18 March 2021 |
| Neutral Citation | [2021] NIFam 8 |
| Court | Family Division (Northern Ireland) |
| Date | 18 March 2021 |
1
Neutral Citation No: [2021] NIFam 8
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: OHA11450
ICOS No: 2013/107450
Delivered: 18/03/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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FAMILY DIVISION
(MATRIONIAL OFFICE)
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IN RE: Ms A – VALIDITY OF MARRIAGE
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Ms Fionnuala Connolly (instructed by Fisher & Fisher Solicitors) for the Petitioner
Mr S McQuitty (instructed by the Departmental Solicitor’s Office) for the
Registrar General
Ms N Murnaghan QC (appeared on the instructions of the Attorney General)
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O’HARA J
Introduction
[1] The issue in this case is whether the petitioner who has been anonymised
without objection from any party and will be called Ms A, is entitled to a declaration
that the form of marriage which she entered into at a hospital, with Mr M, on 26 May
2012 is one which is sufficient to be recognised in law and is a valid marriage.
[2] Ms A and Mr M knew at the time of the ceremony that he was dying. In fact
he died later that day. His sudden decline over the previous 24 hours had made him
and Ms A bring forward the plans which they had started to make to marry on
2 July. This acceleration of events meant that not everything which would normally
be done with the Registrar General (the “RG”) at the City Hall in Belfast had been
done. The question is really whether enough had been done.
[3] For Ms A, Ms Connolly contended that the marriage should be recognised in
law. Her case was supported by Ms Murnaghan QC on behalf of the Attorney
General but opposed by Mr McQuitty for the Registrar General. I am grateful to all
counsel for their helpful submissions.
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