The Role of Intention in Non-marriage Cases post-Hudson v Leigh

Bevan, Chris

Abstract

In 2009 Bodey J in the High Court delivered his judgment in the case of Hudson v Leigh (Status of Non-Marriage), subsequently endorsed by the Court of Appeal, in which the concept of non-existent marriage was confirmed as forming part of the law of England and Wales. There have been several significant decisions since Hudson v Leigh in which the court has had cause to explore further the boundaries of the concept of non-marriage: El Gamal v Al Maktoum; Galloway v Goldstein and most recently Dukali v Lamrani. The case-law reveals the court still grappling with how to delimit and define non-marriage and the weight to be attached to the oft-competing considerations. This commentary critically examines the judicial reasoning employed in these three decisions and considers the extent to which the parties' intentions play a role when the court is called upon to determine the status of questionable ceremonies. It is argued that recent case-law reflects a refinement of the principle of non-marriage; revealing an emergent hierarchy in the factors to be considered in non-marriage cases as laid down by Bodey J in Hudson v Leigh; a hierarchy which can also be seen at play in another recent decision, MA v JA.

Citation

Bevan, C. (2013). The Role of Intention in Non-marriage Cases post-Hudson v Leigh. Child and family law quarterly, 2013(1), 80-95

• Journal Article Type: Article
• Acceptance Date: Jan 1, 2013
• Online Publication Date: Apr 2, 2013
• Publication Date: Apr 2, 2013
• Deposit Date: Jan 7, 2021
• Journal: The Child and Family Law Quarterly
• Print ISSN: 1358-8184
• Electronic ISSN: 1742-6618
• Publisher: Jordan
• Volume: 2013
• Issue: 1
• Pages: 80-95
• Public URL: https://durham-repository.worktribe.com/output/1281926
• Publisher URL: https://www.familylaw.co.uk/news_and_comment/Bevan2013CFLQ80