Burns v Burns [2007] EWHC 2492 (Fam) (29 March 2007)

Burns v Burns [2007] EWHC 2492 (Fam) (29 March 2007)

Where a marriage celebrated abroad is invalid under the law of the place of celebration, English courts may grant a decree of nullity under the Matrimonial Causes Act 1973, even if the foreign law does not classify the marriage as void or voidable, provided the parties intended a genuine marriage and fulfilled all substantive requirements save for a technical irregularity.

Citation
[2007] EWHC 2492 (Fam)
Parties
Defendant/appellant: Mr John Burns; Claimant/respondent: Ms N Burns
Jurisdiction
England and Wales
Judgment Date
29 March 2007
Procedural Posture
Family Law Nullity Petition / Judgment After Hearing on Amended Petition for Decree of Nullity
Outcome
Decree nisi of nullity granted
Legal Topics
Nullity of Marriage, Foreign Marriages, Ancillary Relief, Lex Loci Celebrationis, Putative Marriage
Family Law Private International Law Nullity of Marriage Foreign Marriages Ancillary Relief Lex Loci Celebrationis Putative Marriage

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Parties

Mr John Burns

Defendant/appellant

Ms N Burns

Claimant/respondent

Procedural Posture

Family Law Nullity Petition / Judgment After Hearing on Amended Petition for Decree of Nullity

Legal Issues

  1. 1 Whether an English court can grant a decree of nullity in respect of a foreign marriage invalid under local law but not classified as void or voidable by that law
  2. 2 Whether the parties' marriage ceremony in California, performed before obtaining a marriage licence, entitles the wife to a decree of nullity under the Matrimonial Causes Act 1973

Ratio Decidendi

Where a marriage celebrated abroad is invalid under the law of the place of celebration, English courts may grant a decree of nullity under the Matrimonial Causes Act 1973, even if the foreign law does not classify the marriage as void or voidable, provided the parties intended a genuine marriage and fulfilled all substantive requirements save for a technical irregularity.

Court Disposition

Decree nisi of nullity granted

Orders

  • Leave granted to amend petition to seek decree of nullity
  • Decree nisi of nullity pronounced in respect of the marriage ceremony of 10 June 2004 in California