MM v NA (Declaration as to Marital Status)

MM v NA (Declaration as to Marital Status)

A valid marriage celebrated in Somaliland, an unrecognised state, is entitled to recognition in England and Wales under the doctrine of necessity and Namibia exception, as it concerns private rights and is not contrary to UK public policy; the parties are validly married and their marriage is recognised.

Source-derived case information.

Parties
Applicant: MM; Respondent: NA
Jurisdiction
England and Wales
Judgment Date
22 January 2020
Procedural Posture
Application for Declaration of Marital Status / Judgment
Outcome
application granted
Legal Topics
Recognition of Foreign Marriage, Non Recognised States, Conflict of Laws, Doctrine of Necessity, Namibia Exception
Family Law Private International Law Recognition of Foreign Marriage Non Recognised States Conflict of Laws Doctrine of Necessity Namibia Exception

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Parties

MM

Applicant

NA

Respondent

Procedural Posture

Application for Declaration of Marital Status / Judgment

Legal Issues

  1. 1 Are the parties validly married under Somaliland law?
  2. 2 Is the marriage entitled to recognition in England and Wales despite Somaliland not being a recognised state?

Ratio Decidendi

A valid marriage celebrated in Somaliland, an unrecognised state, is entitled to recognition in England and Wales under the doctrine of necessity and Namibia exception, as it concerns private rights and is not contrary to UK public policy; the parties are validly married and their marriage is recognised.

Court Disposition

application granted

Orders

  • Declaration that MM and NA are validly married to one another; their marriage was valid and subsisting as at the date of application and is entitled to formal recognition under English law.