O v B-M [2019] EWFC B23 (16 February 2019)

O v B-M [2019] EWFC B23 (16 February 2019)

Although the ceremony in Ghana on 3 January 2009 was sufficient to constitute a customary marriage ceremony, the applicant failed to prove on the balance of probabilities that either the respondent or his family consented to the marriage, which is a necessary condition for validity under Ghanaian law. Without such consent, the marriage cannot be recognised under English law.

Citation
[2019] EWFC B23
Parties
Applicant: Ms. O; Respondent: Mr. B-M
Jurisdiction
England and Wales
Judgment Date
16 February 2019
Procedural Posture
Declaration of Marital Status (family Law Act 1986 S.55(1)(a)) / Final Judgment After Five Day Hearing
Outcome
Application dismissed; declaration of marital status refused.
Legal Topics
Recognition of Foreign Customary Marriage, Consent in Marriage Ceremonies, Burden and Standard of Proof in Marital Status Applications, Validity of Customary Marriages Under Ghanaian Law, Presumption of Marriage, Registration of Customary Marriages
Family Law Private International Law Recognition of Foreign Customary Marriage Consent in Marriage Ceremonies Burden and Standard of Proof in Marital Status Applications Validity of Customary Marriages Under Ghanaian Law Presumption of Marriage Registration of Customary Marriages

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Parties

Ms. O

Applicant

Mr. B-M

Respondent

Procedural Posture

Declaration of Marital Status (family Law Act 1986 S.55(1)(a)) / Final Judgment After Five Day Hearing

Legal Issues

  1. 1 Whether the ceremony on 3 January 2009 in Ghana constituted a valid customary marriage under Ghanaian law
  2. 2 Whether both parties and their families consented to the marriage as required by Ghanaian law
  3. 3 Whether the marriage can be recognised under English law

Ratio Decidendi

Although the ceremony in Ghana on 3 January 2009 was sufficient to constitute a customary marriage ceremony, the applicant failed to prove on the balance of probabilities that either the respondent or his family consented to the marriage, which is a necessary condition for validity under Ghanaian law. Without such consent, the marriage cannot be recognised under English law.

Court Disposition

Application dismissed; declaration of marital status refused.

Orders

  • Parties to agree a draft order reflecting the judgment.
  • Consequential issues, including costs, to be dealt with on paper if not agreed.