Tousi v Gaydukova (Rev1) [2024] EWCA Civ 203 (06 March 2024)

Tousi v Gaydukova (Rev1) [2024] EWCA Civ 203 (06 March 2024)

Parties to a void marriage are within the scope of 'cohabitants' under paragraph 3 of Schedule 7 to the Family Law Act 1996; the court has jurisdiction to make a transfer of tenancy order without requiring a nullity decree; foreign law determines only the formal validity of the marriage, not the remedy available under English law.

Citation
[2024] EWCA Civ 203
Parties
Appellant/respondent: Manouchehr Shilani Tousi; Respondent/applicant: Natalya Gaydukova
Jurisdiction
England and Wales
Judgment Date
06 March 2024
Procedural Posture
Family Law Appeal / Second Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Transfer of Tenancy, Void Marriage, Cohabitation, Jurisdiction, Statutory Interpretation
Family Law Private International Law Transfer of Tenancy Void Marriage Cohabitation Jurisdiction Statutory Interpretation

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Parties

Manouchehr Shilani Tousi

Appellant/respondent

Natalya Gaydukova

Respondent/applicant

Procedural Posture

Family Law Appeal / Second Appeal From High Court Decision

Legal Issues

  1. 1 Does the term 'cohabitants' in paragraph 3 of Schedule 7 to the Family Law Act 1996 include parties to a void marriage?
  2. 2 Does foreign law determine the remedy available under English law for an invalid marriage ceremony?
  3. 3 Is a transfer of tenancy order available to parties to a void marriage without a nullity decree?

Ratio Decidendi

Parties to a void marriage are within the scope of 'cohabitants' under paragraph 3 of Schedule 7 to the Family Law Act 1996; the court has jurisdiction to make a transfer of tenancy order without requiring a nullity decree; foreign law determines only the formal validity of the marriage, not the remedy available under English law.

Court Disposition

Appeal dismissed

Orders

  • Recorder's transfer of tenancy order affirmed
  • Further period of 6 weeks granted for arrangements for transfer