Wills & Trusts Law Reports | Winter 2023 #193Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.
By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...
Moji Sobowale outlines the law relating to the recognition of an overseas marriage, and the potential outcomes on an application for a declaration of validity ‘The production of a marriage certificate issued by a competent authority, in accordance with the registration laws of the country in which the marriage took place, will usually be sufficient …
Continue reading "Validity Of Marriage: When we are married"
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Rebecca Huxford outlines the courts’ approach to validity of marriage and when there may be a ‘non-marriage’ ‘Where there has been nothing that could even be considered a ceremony or a purported marriage that this will not give rise to an entitlement to a decree of divorce or nullity.’Family lawyers are generally only consulted at …
Continue reading "Validity Of Marriage: More than a formality"
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Kate Hamilton looks at recent case law on validity of marriage There are numerous couples (knowingly and unknowingly) who undertake ceremonies that are simply not capable of creating a marriage recognised under English law.It is fairly uncommon for the principles relating to the law of nullity to pass across the desk of the average family …
Continue reading "Validity Of Marriage: Following the rules"
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