Abstract
In a decision endorsed by the Court of Appeal, the High Court in Hudson v Leigh
(Status of Non-Marriage) has confirmed that English and Welsh law recognises the
concept of non-marriage or non-existent marriage. This commentary examines the
definition of non-marriage and argues that the criteria established by the High Court in Hudson v Leigh should better protect members of minority ethnic groups who go through a religious ceremony without realising that it will not effect a lawful marriage. It also considers whether English law would recognise the concept of a non-existent civil partnership, an issue that the court in Hudson v Leigh did not have to address.
(Status of Non-Marriage) has confirmed that English and Welsh law recognises the
concept of non-marriage or non-existent marriage. This commentary examines the
definition of non-marriage and argues that the criteria established by the High Court in Hudson v Leigh should better protect members of minority ethnic groups who go through a religious ceremony without realising that it will not effect a lawful marriage. It also considers whether English law would recognise the concept of a non-existent civil partnership, an issue that the court in Hudson v Leigh did not have to address.
| Original language | English |
|---|---|
| Pages (from-to) | 351-363 |
| Journal | Child and family law quarterly |
| Volume | 22 |
| Issue number | 3 |
| Publication status | Published - 1 Jan 2010 |
Keywords
- marriage