A v B [2022] EWFC 149 (25 May 2022)

The ceremony on 16.5.08 constituted a marriage under Pakistani law, but both parties were already lawfully married to others at the time, rendering the marriage void. The marriage has irretrievably broken down, and the respondent behaved in such a way that the petitioner cannot reasonably be expected to live with her.

Citation: [2022] EWFC 149
Parties: Petitioner: Mr A; Respondent: Ms B
Jurisdiction: England and Wales
Judgment Date: 25 May 2022
Procedural Posture: Divorce and Declaration of Marital Status / Final Hearing
Outcome: Marriage declared void; stay on divorce petition for four weeks to allow respondent to issue nullity petition; if not, divorce to proceed.
Legal Topics: Divorce, Void Marriage, Declaration of Marital Status, Private International Law

Family Law Divorce Void Marriage Declaration of Marital Status Private International Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2

Parties

Mr A

Petitioner

Ms B

Respondent

Procedural Posture

Divorce and Declaration of Marital Status / Final Hearing

Legal Issues

1 Whether the marriage ceremony on 16.5.08 constituted a valid marriage under Pakistani law
2 Whether the marriage was void due to subsisting prior marriages
3 Whether the marriage has irretrievably broken down and if the respondent behaved unreasonably

Ratio Decidendi

Court Disposition

Marriage declared void; stay on divorce petition for four weeks to allow respondent to issue nullity petition; if not, divorce to proceed.

Orders

Stay on Mr A's divorce petition for four weeks to allow Ms B to issue a nullity petition.
If no nullity petition is issued within four weeks, stay will be lifted and decree nisi will be granted.