Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
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