M-T v T

M-T v T

Petitioner failed to establish existence of customary marriage in 1993 or 2002; Nigerian courts found no valid marriage due to subsisting statutory marriage; English proceedings for divorce, nullity, and financial relief cannot be maintained; petitions and applications are dismissed; Petitioner to pay 80% of Respondent's costs.

Parties
Petitioner: M-T; Respondent: T
Jurisdiction
England and Wales
Judgment Date
15 October 2013
Procedural Posture
Divorce and Ancillary Relief / Final Judgment
Outcome
Petitions and applications dismissed; costs awarded against Petitioner.
Legal Topics
Divorce, Nullity, Customary Marriage, Jurisdiction, Ancillary Relief, Maintenance Pending Suit, Costs, Freezing Orders
Family Law International Private Law Divorce Nullity Customary Marriage Jurisdiction Ancillary Relief Maintenance Pending Suit +2 more

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Parties

M-T

Petitioner

T

Respondent

Procedural Posture

Divorce and Ancillary Relief / Final Judgment

Legal Issues

  1. 1 Existence and validity of customary marriage in Nigeria
  2. 2 Jurisdiction of English courts over Nigerian marriage
  3. 3 Effect of Nigerian statutory marriage on capacity to contract customary marriage

Ratio Decidendi

Petitioner failed to establish existence of customary marriage in 1993 or 2002; Nigerian courts found no valid marriage due to subsisting statutory marriage; English proceedings for divorce, nullity, and financial relief cannot be maintained; petitions and applications are dismissed; Petitioner to pay 80% of Respondent's costs.

Court Disposition

Petitions and applications dismissed; costs awarded against Petitioner.

Orders

  • 2003 Amended Petition struck out.
  • Permission to bring proceedings under 1984 Act set aside/refused.