Skip to main content
Judgment: The Attorney General appealed from a decision to pronounce a decree nisi of nullity, following an Islamic marriage ceremony which the parties had known was of no legal effect. The couple had reached an agreed settlement, and so took no part in the appeal. A petitioner in separate nullity proceedings had been given permission to intervene, as were the campaign group Southall Black Sisters. The first issue was whether there are ceremonies or other acts which do not create a marriage, even a void marriage, within the scope of section 11 of the 1973 Act. The court concluded that there could be such ceremonies, and that they would not entitle the parties to a decree of nullity. The second issue was whether the ceremony in this case had been a non-marriage (or as the court preferred, non-qualifying ceremony) or a void marriage. A non-marriage would create no separate legal rights while a decree of nullity with regard to a void marriage would entitle a party to apply for financial remedy orders under the 1973 Act. Sir Terence Etherton MR, King LJ and Moylan LJ concluded that this had been a non-qualifying ceremony. The judge's order was set aside as there had been no ceremony in respect of which a decree of nullity could be granted.

Sign up to our newsletter for weekly updates, resources and special offers: https://classlegal.com/newslet...

View Bag (0)