K v K

K v K

The court found that the parties intended and believed the August 2003 ceremony to be a valid marriage, and that the ceremony, while not creating a valid marriage under English law due to lack of registration and probable bigamy, was sufficient to entitle the petitioner to a decree of nullity rather than a declaration of non-marriage.

Parties
Applicant: K; Respondent: K
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Family / Judgment on Petition for Decree of Nullity
Outcome
Decree of nullity granted
Legal Topics
Nullity of Marriage, Recognition of Foreign/informal Marriages, Ancillary Relief, Bigamy, Polygamous Marriage, Non Marriage, Matrimonial Causes Act 1973
Family Law Nullity of Marriage Recognition of Foreign/informal Marriages Ancillary Relief Bigamy Polygamous Marriage Non Marriage Matrimonial Causes Act 1973

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Parties

K

Applicant

K

Respondent

Procedural Posture

Family / Judgment on Petition for Decree of Nullity

Legal Issues

  1. 1 Whether the 2003 Nikkah ceremony constituted a marriage capable of recognition under English law
  2. 2 Whether the petitioner is entitled to a decree of nullity or a declaration of non-marriage
  3. 3 Whether the marriage deed of August 2003 was genuine or a forgery

Ratio Decidendi

The court found that the parties intended and believed the August 2003 ceremony to be a valid marriage, and that the ceremony, while not creating a valid marriage under English law due to lack of registration and probable bigamy, was sufficient to entitle the petitioner to a decree of nullity rather than a declaration of non-marriage.

Court Disposition

Decree of nullity granted

Orders

  • Matter to be listed for pronouncement of decree of nullity