FRJ stage

Void Marriage

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

The distinction between void, voidable and non-qualifying ceremonies can be difficult to discern. The case law is voluminous and often turns on very specific factual scenarios. The case of Tousi v Gaydukova [2024] EWCA Civ 203 entered a further level of complexity by relating to a foreign ‘marriage’ in the

Tousi v Gaydukova [2024] EWCA Civ 203

https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/203 McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity? Appeal from the decision of Mostyn J

PF v QF [2024] EWFC 10 (B)

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/10 HHJ Reardon. Application to strike out W’s FR claim resulting from her bigamy (ex turpi causa). Background At the time of the parties’ marriage in Bangladesh in December 2001, W was not yet divorced from her first husband. The parties

Voidable Marriages

Voidable Marriages

By Sir Nicholas Mostyn, a judge of the High Court, Family Division, and of the Court of Protection 2010–2023.[[1]] Can a declaration of non-recognition of a voidable overseas marriage, where at least one of the parties is domiciled in England and Wales, lawfully be made? The answer to

Tousi v Gayukova [2023] EWHC 404 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/404 Mostyn J. Does the court have jurisdiction to transfer a (housing association) tenancy between the parties to an invalid marriage? Do the consequences of invalidity fall to be determined under the law of the country of marriage, or only whether the