Manouchehr Shilani Tousi v Natalya Gaydukova

Manouchehr Shilani Tousi v Natalya Gaydukova

Parties to a void marriage are within the scope of paragraph 3 of Schedule 7 to the Family Law Act 1996 as cohabitants, and the court has jurisdiction to make a transfer of tenancy order without requiring a nullity decree. The remedy available under English law is not determined by the relief available under foreign law; only the formal validity of the marriage is governed by foreign law.

Parties
Appellant/respondent: Manouchehr Shilani Tousi; Respondent/applicant: Natalya Gaydukova
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Transfer of Tenancy, Void Marriage, Cohabitants, Statutory Interpretation, Remedies in Foreign Law
Family Law Private International Law Transfer of Tenancy Void Marriage Cohabitants Statutory Interpretation Remedies in Foreign Law

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Parties

Manouchehr Shilani Tousi

Appellant/respondent

Natalya Gaydukova

Respondent/applicant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does the term 'cohabitants' in paragraph 3 of Schedule 7 to the Family Law Act 1996 include parties to a void marriage?
  2. 2 Does foreign law determine the remedy available under English law for an invalid marriage ceremony?
  3. 3 Is a transfer of tenancy order available to parties to a void marriage without a nullity decree?

Ratio Decidendi

Parties to a void marriage are within the scope of paragraph 3 of Schedule 7 to the Family Law Act 1996 as cohabitants, and the court has jurisdiction to make a transfer of tenancy order without requiring a nullity decree. The remedy available under English law is not determined by the relief available under foreign law; only the formal validity of the marriage is governed by foreign law.

Court Disposition

appeal dismissed

Orders

  • Recorder's transfer of tenancy order affirmed
  • Further period of 6 weeks granted for arrangements for transfer to be effected