NB v MI

NB v MI

The applicant had capacity to marry on 1 June 2013 as she understood the nature of the marriage contract and its mutual expectations, satisfying the legal test. Even if she had not, the court cannot grant a declaration of non-recognition or extend time for nullity as the statutory requirements are not met and the facts do not justify invoking any public policy exception.

Parties
Applicant: NB; Respondent: MI
Jurisdiction
England and Wales
Judgment Date
08 February 2021
Procedural Posture
Family Law Nullity and Declaration of Non Recognition / Judgment After Hearing of Application for Declaration of Non Recognition and Nullity Petition
Outcome
Application for declaration and nullity petition dismissed
Legal Topics
Capacity to Marry, Recognition of Foreign Marriages, Nullity of Marriage, Public Policy Exception, Extension of Time for Nullity, Inherent Jurisdiction
Family Law Private International Law Capacity to Marry Recognition of Foreign Marriages Nullity of Marriage Public Policy Exception Extension of Time for Nullity Inherent Jurisdiction

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Parties

NB

Applicant

MI

Respondent

Procedural Posture

Family Law Nullity and Declaration of Non Recognition / Judgment After Hearing of Application for Declaration of Non Recognition and Nullity Petition

Legal Issues

  1. 1 Did the applicant lack capacity to consent to marry on 1 June 2013?
  2. 2 If so, does the court have power under its inherent jurisdiction to declare the marriage not recognised in this jurisdiction?
  3. 3 Should time be extended under s.13(4) Matrimonial Causes Act 1973 to permit the nullity petition to be heard?

Ratio Decidendi

The applicant had capacity to marry on 1 June 2013 as she understood the nature of the marriage contract and its mutual expectations, satisfying the legal test. Even if she had not, the court cannot grant a declaration of non-recognition or extend time for nullity as the statutory requirements are not met and the facts do not justify invoking any public policy exception.

Court Disposition

Application for declaration and nullity petition dismissed

Orders

  • Application for declaration of non-recognition dismissed
  • Nullity petition dismissed