By L.B. Curzon
This Briefcase is made from a truly good selection of situations selected that allows you to enunciate and illustrate the various primary rules utilized via the courts to modern difficulties of relations legislations. the elemental evidence of the circumstances and the courts judgements are defined, and specific cognizance is given to judicial reviews at the essence of the felony questions lower than dialogue. detailed emphasis is put on fresh judgements of the courtroom of allure and condo of Lords. consciousness has been paid to the consequences of the new assertion that the kin legislation Act 1996 has been put on carry, except for the $64000 half IV of the Act, when it comes to family violence. complete reference tables of circumstances and statutes are given. Presentation of the textual content is designed in particular for college kids thinking about guidance for legislations levels and different law-related classes, and for social staff whose day-by-day actions necessitate an knowing of the effect of the selections of the courts on basic social difficulties concerning the family members.
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Neither X nor Y was domiciled in the UK when the marriage took place; it would be recognised here unless there was strong reason to the contrary. 3 Neither party must be already married to some other person (see s 11(b) MCA 1973) Baindail v Baindail (1946) CA X, an Englishwoman, went through a marriage ceremony with Y in London in 1939. In the marriage certificate, Y was described as a bachelor. Eleven years earlier Y had married Z, a Hindu woman, at a Hindu marriage ceremony in India. The marriage was recognised in India and was potentially polygamous.
P appealed. Held: P’s appeal was allowed and a decree nisi would be granted. Per Ormrod J: 18 Nullity: Void and Voidable Marriages It is clear that the judge was greatly influenced by the judgment of Simon P in Szechter v Szechter (1971) … Reading that passage – and one can understand what the judge had in mind – he felt that he had to find a threat to life, limb, liberty in order to find duress. With respect, I do not for one moment think that the President intended that result. He was merely contrasting a disagreeable situation with one which constituted a real threat.
His marriage to Z constituted an effective bar to his marriage to Y. 4 Parties must not be within the prohibited degrees (see Sched I MA 1949; Marriage (Prohibited Degrees of Relationship) Act 1986) Cheni v Cheni (1965) X and Y, who were uncle and niece, were married in Egypt in a ceremony based on Jewish rites. The marriage was valid under Egyptian and Jewish law and although it was, at the time of its celebration, potentially polygamous, it was rendered monogamous when a child of the marriage, Z, was born in 1926 (two years after the marriage).