The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Pursuant to section 11(b) of the Matrimonial Causes Act 1973 (MCA 1973), a marriage is void if at the time of the marriage either party was already lawfully married or a civil partner. If a marriage is void, rather than a non-marriage, then the parties are entitled to a decree of nullity and an application for financial provision may be made. It is therefore clear that the party who was unaware of the bigamy at the time of the marriage is entitled to bring a claim. For a while, however, it was less clear whether the guilty party would be able to bring a claim for financial relief.
The case of Whiston v Whiston suggested that a party who was knowingly guilty of bigamy was debarred from bringing an application for financial relief. Russell LJ commented in the case that:
‘For a litigant to have to rely upon his or her criminal behaviour in order to get a claim on its feet is, in my judgment, offensive to the public conscience and contrary to public polic
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.