MA v JA

MA v JA

The ceremony in question, conducted in a registered building and in the presence of an authorised person, was within the scope of the Marriage Act 1949 and was of the kind capable of producing a valid marriage. The failure to give notice or obtain a certificate did not render the marriage void, as there was no knowing and wilful breach. Therefore, the marriage is valid under English law and not a 'non-marriage'.

Parties
Applicant: MA; Respondent: JA; Intervener: Her Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Family Law Declaration of Validity of Marriage / Judgment After Full Hearing
Outcome
Declaration granted; marriage valid under English law.
Legal Topics
Validity of Marriage, Marriage Formalities, Presumption of Marriage, Non Marriage, Marriage Act 1949, Matrimonial Causes Act 1973
Family Law Validity of Marriage Marriage Formalities Presumption of Marriage Non Marriage Marriage Act 1949 Matrimonial Causes Act 1973

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Parties

MA

Applicant

JA

Respondent

Her Majesty’s Attorney General

Intervener

Procedural Posture

Family Law Declaration of Validity of Marriage / Judgment After Full Hearing

Legal Issues

  1. 1 Whether a ceremony of marriage conducted at a registered mosque in England in 2002, without compliance with certain formalities of the Marriage Act 1949, created a valid marriage under English law or amounted to a 'non-marriage'.
  2. 2 Whether the presumption of marriage can be applied where statutory requirements are not fulfilled.
  3. 3 Whether the marriage is void or valid under the Matrimonial Causes Act 1973.

Ratio Decidendi

The ceremony in question, conducted in a registered building and in the presence of an authorised person, was within the scope of the Marriage Act 1949 and was of the kind capable of producing a valid marriage. The failure to give notice or obtain a certificate did not render the marriage void, as there was no knowing and wilful breach. Therefore, the marriage is valid under English law and not a 'non-marriage'.

Court Disposition

Declaration granted; marriage valid under English law.

Orders

  • Declaration under section 55(a) of the Family Law Act 1986 that the marriage celebrated in 2002 between the applicant and respondent was a valid marriage at its inception.