Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

19 MAR 2008

LOCAL AUTHORITY/MARRIAGE: Westminster City Council v IC [2008] EWCA Civ 198

(Court of Appeal; Thorpe, Wall and Hallett LJJ; 19 March 2008)

In a case involving a vulnerable adult who lacked the capacity to marry, but who had been married in a Muslim ceremony by telephone to a Bangladeshi woman, the judge had granted a declaration that the marriage was not valid under English law.

The only route to a judicial conclusion that a marriage was void at its inception was a petition for nullity; an application for a declaration that it was void was proscribed by Family Law Act 1986, s 55(1), which had not been drawn to the judge's attention. A marriage based on lack of consent was voidable, not void ab initio. The declaration should instead have stated that the marriage was not recognised as a valid marriage in this jurisdiction. Not every marriage that was valid according to the law of some friendly foreign state was entitled to recognition in the English jurisdiction; refusal of recognition was justified in this case in order to protect the vulnerable adult from potential abuse.

Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

More Info from £55.00
Subscribe to our newsletters