HJB and MK (declaration as to marital status) [2017] EWFC B25 (19 May 2017)

HJB and MK (declaration as to marital status) [2017] EWFC B25 (19 May 2017)

The marriage between the Applicant and the deceased was valid at inception and subsisted at the date of the deceased's death because the decree absolute was not granted before death.

Citation
[2017] EWFC B25
Parties
Applicant: HJB (formerly LJB); Deceased: MK (formerly MIC)
Jurisdiction
England and Wales
Judgment Date
19 May 2017
Procedural Posture
Declaration of Marital Status / Judgment
Outcome
Declaration granted that the marriage subsisted at the date of death.
Legal Topics
Marriage Validity, Gender Recognition, Divorce Proceedings, Death Before Decree Absolute
Family Law Marriage Validity Gender Recognition Divorce Proceedings Death Before Decree Absolute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

HJB (formerly LJB)

Applicant

MK (formerly MIC)

Deceased

Procedural Posture

Declaration of Marital Status / Judgment

Legal Issues

  1. 1 Whether the Applicant was lawfully married to the deceased at the date of death
  2. 2 Effect of interim gender recognition certificate and pending divorce on marital status

Ratio Decidendi

The marriage between the Applicant and the deceased was valid at inception and subsisted at the date of the deceased's death because the decree absolute was not granted before death.

Court Disposition

Declaration granted that the marriage subsisted at the date of death.

Orders

  • Declaration that the Applicant was married to the deceased on 16 July 2011, the date of death.