Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
No right (as yet) to be married legally in a humanist ceremony: R (on the application of Harrison and others) v Secretary of State for Justice [2020] EWHC 2096 (Admin)
Mary Welstead, CAP Fellow, Harvard Law School, Visiting Professor in Family Law, University of BuckinghamIn July 2020, six humanist couples brought an application for judicial review on the...
Controlling and coercive behaviour is gender and colour blind but how are courts meeting the challenge to protect victims
Maryam Syed, 7BRExamining the most recent caselaw in both family and criminal law jurisdictions this article discusses the prominent and still newly emerging issue of controlling and coercive domestic...
Roma families face disadvantage in child protection proceedings
Mary Marvel, Law for LifeWe have all become familiar with the discussion about structural racism in the UK, thanks to the excellent work of the Black Lives Matter movement. But it is less recognised...
The ‘Bank of Mum and Dad’ – obligations and scope for change
Helen Brander, Pump Court ChambersQuite unusually, two judgments of the High Court in 2020 have considered financial provision for adult children and when and how applications can be made. They come...
Emotional harm and interim removal: how psychological thinking can support practice
Dr Ben Laskey ClinPsyD, AFBPS, Consultant Clinical Psychologist, The Psychology PartnershipGeorge Butler, Barrister at Law, 42 Bedford Row ChambersThe family courts are full of cases involving...
View all articles
Authors

MARRIAGE: M-T v T [2013] EWHC 2061 (Fam)

Sep 29, 2018, 18:50 PM
Slug : marriage-m-t-v-t-2013-ewhc-2061-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 23, 2013, 03:30 AM
Article ID : 103869

(Family Division, Charles J, 15 October 2013)

The wife brought proceedings in England and Wales claiming she and the husband had been married in Nigeria in 1993. The husband denied they had been married and claimed that at the time he was already married to another woman. He further disputed the jurisdiction of the English court. The wife later added a claim that the parties were married by cohabitation and repute and an alternative claim for nullity if the husband proved he was already married at the time of the ceremony. The wife sought orders relating to the twin daughters of the parties and financial remedy.

A freezing order was granted and the wife was awarded maintenance pending suit of £25,000. The Nigerian court was directed to determine the issue of whether a marriage took place and the marital status of the parties. The wife meanwhile applied under Sch 1 of the Children Act 1989 for financial provision for the children.

The Nigerian court found that the wife had failed to establish that a marriage had been created and that decision was upheld by the court of appeal. The wife now sought a decree of nullity and abandoned her claim for dissolution.

The wife's petition before the English court would be struck out following the findings by the Nigerian court. She had been given a full, fair and appropriate opportunity to establish that the parties had entered into a customary marriage but had failed to do so. To lift the stay of the English proceedings and permit her to attempt to persuade the English court that a marriage had taken place would be unfair to the husband. The finding of the Nigerian court was of fundamental importance and impacted on all the other issues relating to the conduct of the parties and their rival contentions. Unfortunately for the husband, the established authorities suggested there was no power of repayment to the husband of the sums he had paid the wife during the proceedings.

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from