Ogunware v Ogunware

Ogunware v Ogunware

The application does not fall within any of the forms of declaration that 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. Therefore, the application must be dismissed.

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 / Judgment
Outcome
application dismissed
Legal Topics
Declaration of Marital Status, Recognition of Foreign Marriage, Jurisdiction, Family Law Act 1986
Family Law Declaration of Marital Status Recognition of Foreign Marriage Jurisdiction 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 / Judgment

Legal Issues

  1. 1 Whether the court can grant a declaration that no marriage ever took place under section 55 of the Family Law Act 1986
  2. 2 Whether the application falls within the scope of declarations permitted by section 55(1)
  3. 3 Effect of contradictory evidence regarding the existence of marriage

Ratio Decidendi

The application does not fall within any of the forms of declaration that 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. Therefore, the application must be dismissed.

Court Disposition

application dismissed

Orders

  • The application in Form D70 signed by the applicant on 6 December 2017 is dismissed.