K. (C.) v. K. (J.) [2004] IESC 21 (31 March 2004)

K. (C.) v. K. (J.) [2004] IESC 21 (31 March 2004)

The doctrine of estoppel cannot be used to confer or deny marital status where that status has not changed in law; the respondent is not estopped from denying he is married to the applicant, as the Ohio divorce was invalid and the marriage ceremony in Ireland was void.

Citation
[2004] IESC 21
Parties
Applicant: C. K.; Respondent: J. K.; Notice Party: F. McG.
Jurisdiction
Ireland
Judgment Date
31 March 2004
Procedural Posture
Consultative Case Stated (circuit Court to Supreme Court) / Supreme Court Opinion on Case Stated
Outcome
Question answered in the negative; respondent is not estopped from denying marriage to applicant.
Legal Topics
Estoppel and Marital Status, Recognition of Foreign Divorces, Judicial Separation, Nullity of Marriage, Stare Decisis
Family Law Conflict of Laws Constitutional Law Estoppel and Marital Status Recognition of Foreign Divorces Judicial Separation Nullity of Marriage Stare Decisis

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 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

C. K.

Applicant

J. K.

Respondent

F. McG.

Notice Party

Procedural Posture

Consultative Case Stated (circuit Court to Supreme Court) / Supreme Court Opinion on Case Stated

Legal Issues

  1. 1 Whether the respondent is estopped from denying he is married to the applicant given the invalidity of the foreign divorce and the findings of fact
  2. 2 Whether the doctrine of estoppel can operate to confer marital status contrary to law

Ratio Decidendi

The doctrine of estoppel cannot be used to confer or deny marital status where that status has not changed in law; the respondent is not estopped from denying he is married to the applicant, as the Ohio divorce was invalid and the marriage ceremony in Ireland was void.

Court Disposition

Question answered in the negative; respondent is not estopped from denying marriage to applicant.