Galloway v Goldstein

Galloway v Goldstein

The English ceremony of 30 May 1999 was of no legal effect and did not create a second marriage; only the Connecticut marriage was valid. The court declared that the marriage did not subsist after the Connecticut divorce and that the English ceremony was a non-marriage.

Source-derived case information.

Parties
Claimant: Duncan James Galloway; Defendant: Lisa Susan Goldstein
Jurisdiction
England and Wales
Judgment Date
16 January 2012
Procedural Posture
Application for Declaration of Marital Status / Judgment
Outcome
application granted
Legal Topics
Declaration of Marital Status, Validity of Marriage Ceremonies, Nullity, Effect of Foreign Divorce
Family Law Declaration of Marital Status Validity of Marriage Ceremonies Nullity Effect of Foreign Divorce

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Summary, issues, holding and outcome

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Parties

Duncan James Galloway

Claimant

Lisa Susan Goldstein

Defendant

Procedural Posture

Application for Declaration of Marital Status / Judgment

Legal Issues

  1. 1 Whether a second marriage ceremony in England, following a valid marriage in Connecticut, created a second valid marriage under English law
  2. 2 Whether a declaration under section 55(1)(c) Family Law Act 1986 is appropriate in these circumstances
  3. 3 Whether the English ceremony was void or a non-marriage

Ratio Decidendi

The English ceremony of 30 May 1999 was of no legal effect and did not create a second marriage; only the Connecticut marriage was valid. The court declared that the marriage did not subsist after the Connecticut divorce and that the English ceremony was a non-marriage.

Court Disposition

application granted

Orders

  • Declaration under section 55(1)(c) Family Law Act 1986 that the marriage did not subsist on and after 24 June 2004
  • Declaration under the court's inherent powers that the English ceremony of 30 May 1999 was of no legal effect