Getting Married and Entering Civil Partnership

kazzasingh's version from 2018-04-25 19:29


Question Answer
K v K [2016] £300K litigation on whether the marriage was void or a non-marriage
Equality Act 2010 s.202HELD: religious institutions could host civil partnerships (BUT no religious content allowed in the ceremony)
R (Hodkin & Anor) v Registrar General of Births, Deaths and Marriages [2013]Question was whether Scientology could be classed as a religion. HELD: Church of Scientology was registered as a place of worship as it was a religion --> modern interpretation of religion
Quick v Quick [1953]Registration is not essential to validity
CAO v Bath [2000]There is a presumption in favour of the validity of marriage - so the onus is on the person challenging the marriage to show that formalities were not observed
MA v JA and the Attorney General [2002]Creation of non-marriage
Gereis v Yagoub [1997]A ceremony at a Greek orthodox church. The couple failed to give notice. The place was registered for marriage but the registrar was not authorised to carry out marriage ceremonies. HELD: the ceremony is so far removed from the traditional definition of marriage that it was held to be void.
A-M v A-M [2001]A ceremony took place in the parties' flat. Authorised by Islamic mufti (who was not authorised to carry out marriages). HELD: It didn't create a legally recognised marriage as it was so far removed from the traditional definition (didn't meet any of the criteria).
Hudson v Leigh [2009]How do the courts decide whether a ceremony creates a marriage or a non-marriage? By taking into account (a) whether the ceremony or event set out or purported to be a lawful marriage (b) whether it bore all or enough of the hallmarks of marriage (c) whether the three key participants believed, intended and understood the ceremony as giving rise to the status of lawful marriage and (d) the reasonable perceptions, understandings and beliefs of those in attendence.