Hudson v Leigh

A ceremony which the parties did not intend to create a legally valid marriage, and which did not have the essential features of a marriage, was a non marriage, not a void marriage.

Citation
[2009] EWHC 1306 (Fam), [2009] 2 FLR 1129
Court
Family Division
Year
2009
Subject
Family Law
Topic
Marriage, nullity and divorce

Facts

Mr Hudson and Ms Leigh went through a religious ceremony in South Africa, conducted by a minister, but they agreed that it would not be a legally valid marriage, because they intended to have a civil ceremony in England later. The civil ceremony never took place, and the relationship broke down. Ms Leigh petitioned for a decree of nullity, which would entitle her to financial relief, arguing that the ceremony was a void marriage. Mr Hudson asked for a declaration that there had been no marriage at all.

Legal principle

Bodey J held that the ceremony was a non marriage, so Ms Leigh was not entitled to financial relief. He said that, in deciding whether a ceremony is a void marriage or a non marriage, the court should consider whether the ceremony purported to be a lawful marriage, whether it bore all or enough of the hallmarks of marriage, whether the three key participants, the officiating official and the couple, believed, intended and understood the ceremony as giving rise to the status of a lawful marriage, and the reasonable perceptions, understandings and beliefs of those in attendance. The parties had deliberately excluded the legal elements of marriage.

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