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David Hodson on International Family Law: A dead parrot or simply pining for the fjords - or no parrot at all?

© Copyright LexisNexis 2024. All rights reserved.
Date:5 APR 2012
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David Hodson OBE MCIArb
Family lawyer

International Family Law Practice by David Hodson

David Hodson

El Gamal v Al Maktoum [2011] EWHC EWHC just reported is another High Court decision concerning recognition of (foreign and other) marriages in which the court has found not that the marriage was voidable but that there was no marriage at all. The so-called concept of non-marriage. For many years if the marriage had any form of validity abroad but for some reason was not entitled to recognition in England there would be reference to the law of nullity. The marriage may be declared void or voidable. However this created a number of problems not least because nullity gave rise to divorce-similar financial claims. Gradually the English courts have given greater weight to the concept of non-marriage or non-existent marriage.

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