Leigh v Hudson [2009] EWCA Civ 1442 (09 December 2009)

The court has jurisdiction to declare that a ceremony is a 'non-marriage' where it fundamentally fails to create legal marital status, and such a declaration does not contravene section 58(5) of the Family Law Act 1986.

Source-derived case information.

Citation: [2009] EWCA Civ 1442
Parties: Respondent: Leigh; Appellant: Hudson
Jurisdiction: England and Wales
Judgment Date: 09 December 2009
Procedural Posture: Family Law Appeal / Appeal From the Principal Registry of the Family Division
Outcome: Application refused
Legal Topics: Declaration of Marital Status, Validity of Marriage Ceremonies, Family Law Act 1986 Section 55, Non Marriage Concept

Family Law Declaration of Marital Status Validity of Marriage Ceremonies Family Law Act 1986 Section 55 Non Marriage Concept

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Leigh

Respondent

Hudson

Appellant

Procedural Posture

Family Law Appeal / Appeal From the Principal Registry of the Family Division

Legal Issues

1 Whether the court can declare a ceremony as a 'non-marriage' under section 55 of the Family Law Act 1986
2 Whether such a declaration contravenes section 58(5) of the Family Law Act 1986

Ratio Decidendi

Court Disposition

Application refused

Orders

Application for appeal refused

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