Ogunware v Ogunware [2019] EWHC 2428 (Fam) (25 July 2019)

Ogunware v Ogunware [2019] EWHC 2428 (Fam) (25 July 2019)

The application does not fall within any of the forms of declaration the court is empowered to make under section 55(1) of the Family Law Act 1986, and section 58 prohibits the court from making any alternative declaration outside that scope. The court therefore has no jurisdiction to grant the relief sought.

Citation
[2019] EWHC 2428 (Fam)
Parties
Applicant: Francis Shara Ogunware; Respondent: Funmilayo Shara Ogunware
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Application for Declaration of Marital/civil Partnership Status / Final Judgment
Outcome
application dismissed
Legal Topics
Declaration of Marital Status, Recognition of Foreign Marriage, Family Law Act 1986
Family Law Declaration of Marital Status Recognition of Foreign Marriage Family Law Act 1986

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Parties

Francis Shara Ogunware

Applicant

Funmilayo Shara Ogunware

Respondent

Procedural Posture

Application for Declaration of Marital/civil Partnership Status / Final Judgment

Legal Issues

  1. 1 Whether the court can grant a declaration that no marriage subsisted between the parties under Part III of the Family Law Act 1986
  2. 2 Whether the application falls within the scope of section 55(1) of the Family Law Act 1986

Ratio Decidendi

The application does not fall within any of the forms of declaration the court is empowered to make under section 55(1) of the Family Law Act 1986, and section 58 prohibits the court from making any alternative declaration outside that scope. The court therefore has no jurisdiction to grant the relief sought.

Court Disposition

application dismissed