M v M (Divorce: Jurisdiction: Validity of Marriage) [2001] 2 WLUK 693

Also known as: A-M v A-M (Divorce: Jurisdiction: Validity of Marriage).

Law of Nullity

M v M (Divorce: Jurisdiction: Validity of Marriage) [2001] 2 WLUK 693 is a Family Law case concerning the Law of Nullity

Facts: H and W, a couple, lived together with their two children for twenty years. Eventually, the couple moved to different Middle Eastern States, having lived in England for most of their married life. However, the couple then decided to adopt an English domicile. They underwent an Islamic service which was not valid in England. However, W then sought a divorce in England, whilst, H contended that a divorce could only take place under Islamic Law. 

Issues: Did a valid marriage exist between H and W? Could the divorce take place under English Law? 

Held: In M v M, the court held in favour of W. The ceremony that took place involving the Islamic service was not a valid marriage in English Law. However, W could rely on the presumption of marriage arising from cohabitation. Therefore, a polygamous marriage could have been entered into without a ceremony. 

References: [2001] 2 WLUK 693, [2001] 2 F.L.R. 6, [2001] Fam. Law 495, [2001] C.L.Y. 2615

Read our notes on the Law of Nullity and other cases for more information. 

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