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(Family Division; Mostyn J; 16 January 2012)
The husband sought a declaration of marital status pursuant to s55(1)(c) of the FLA 1986. The couple had married in the USA and had a second ceremony in the UK. The husband sought a declaration so that there may be no confusion regarding his marital status upon his death . Applying Hudson v Leigh, the parties did not believe the UK ceremony created a valid marriage, they were already married. English ceremony held to be of no legal effect whatsoever, it did not create a second marriage to be such as to attract a decree of nullity. Granting the declaration.
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