Leigh v Hudson

Leigh v Hudson

The court affirmed that it is permissible to declare a ceremony a non-marriage where it fundamentally fails to effect a marriage, and such a declaration does not contravene section 58(5) of the Family Law Act 1986.

Parties
Respondent: Leigh; Appellant: Hudson
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Civil Appeal / Judgment
Outcome
application refused
Legal Topics
Marriage Validity, Declaration of Non Marriage, Nullity of Marriage
Family Law Marriage Validity Declaration of Non Marriage Nullity of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

Leigh

Respondent

Hudson

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the court can declare a ceremony as a non-marriage under section 58(5) of the Family Law Act 1986
  2. 2 Whether the declaration sought contravenes statutory prohibition against declaring a marriage void at inception

Ratio Decidendi

The court affirmed that it is permissible to declare a ceremony a non-marriage where it fundamentally fails to effect a marriage, and such a declaration does not contravene section 58(5) of the Family Law Act 1986.

Court Disposition

application refused

Orders

  • Application refused.