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FAMILY – forming a relationship
Traditional definition of a marriage: “voluntary union for life of one man and one woman to the exclusion of others
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No longer accurate for
modern societies
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For marriage to be valid, need to consider two elements: do both
parties have the capacity to enter the marriage AND have the correct formalities been observed?
CAPACITY

CIVIL PARTNERSHIP – CPA 2004

S 1-3 and sch 1 Marriage Act 1949 and ss 11-13
Matrimonial Causes Act 1973
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male and female
2
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prohibited degrees of relationship
4
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mental capacity

NULLITY – never existed
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CAPACITY
CPA 2004 – ss 3, 4
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VOID – never existed
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s11 MCA 1973/ss 3 and 49 CPA 2004 states
on grounds on which marriage/CP will be void:
a)prohibited degree of relationships
b)under age of 16
c)disregard for formalities – Gereis v Yagoub/AM v A-M
d)lawfully married/CP
e)not male or female
f)polygamous marriage

CPA 2004,ss5-7
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Registered once
both parties have signed civil partnership
document (s2(1))
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Unification of preliminary procedures
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use of internet to publicise intention to
marry
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more choice as to where and when
ceremony is to be held
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new system of celebrants appointed to
conduct ceremony
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Depends on facts –
B v I (forced marriage)
VOIDABLE –subsists until decree is issued
annulling it (de Reneville v de Reneville)-s12
MCA 1973/s50 CPA 2004

Three types of formalities:
1
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a)Civil ceremonies (Part 3 Marriage Act 1949) –
obtain superintendent registrar’s cert, give notice in
person of district in which they reside of intention
to marry, publicized into marriage book (open to
the public), 15 day wait until issue cert unless
reason not to, couple have 3 months to marry
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c)Non-Anglican (quaker/jewish) – same as civil
ceremonies
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Ceremony
a)must be open to the public
b)according to formalities of religion or in
approved/registered premises
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d)civil ceremony requirements: phrasing, register
office/approved premises, in presence of 2
witnesses
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f)Non-Anglican ceremony – no formal
requirements other than in accordance with the
relevant religion
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Registration -same for all marriages -s 53
marriage act 1949
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a)lack of valid consent –duress (Hirani v
Hirani); mistake (Valier v Valier/Mehta v
Mehta); sound mind (Re Park/Sheffield CC v E)
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c)respondent is suffering from a venereal
disease
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application for nullity may be barred under
s13 MCA 1973 to prevent injustice
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similar to provisions in s51 CPA 2004
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voidable marriages only: knowledge of the
petitioner and injustice to the respondent – s13
(1) MCA 1973; delay – petition must be brought
within 3 years of date of marriage unless relying
on consummation or issue of interim gender
recognition certificate
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Cf Martin v Myers  



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