GE v KE & Anor

GE v KE & Anor

On the balance of probabilities, there was a valid customary marriage between E and G, but a customary divorce occurred after the death of E's father and before 1982, based on family belief, expert evidence, and cultural norms. Therefore, G was not married to E at the time of his death; K was legally married to E and is his widow and surviving spouse.

Parties
Applicant: GE; 1st Respondent: KE; 2nd Respondent: AE
Jurisdiction
England and Wales
Judgment Date
05 July 2013
Procedural Posture
Family / Judgment
Outcome
Application by G rejected; declaration granted to K.
Legal Topics
Customary Marriage, Customary Divorce, Intestacy, Widow Status, Recognition of Foreign Customary Law
Family Law Succession Law Customary Marriage Customary Divorce Intestacy Widow Status Recognition of Foreign Customary Law

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Parties

GE

Applicant

KE

1st Respondent

AE

2nd Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether there was a valid customary marriage between E and G
  2. 2 Whether there was a customary divorce between E and G
  3. 3 Who was legally married to E at the time of his death and entitled to widow status

Ratio Decidendi

On the balance of probabilities, there was a valid customary marriage between E and G, but a customary divorce occurred after the death of E's father and before 1982, based on family belief, expert evidence, and cultural norms. Therefore, G was not married to E at the time of his death; K was legally married to E and is his widow and surviving spouse.

Court Disposition

Application by G rejected; declaration granted to K.

Orders

  • Declaration that K was legally married to E at the time of his death and is his widow and surviving spouse.
  • G's application for declaration dismissed.