- Court of Appeal clarifies the law on marriage formalities (Akhter v Khan)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies. The Court of Appeal unanimously found that no marriage ceremony took place in respect of which a decree of nullity could be granted. In coming to its decision, the Court of Appeal replaced the term ‘non-marriage’ usually given to these types of ceremonies, with a seemingly more helpful term, that of it being a ‘non-qualifying ceremony’ which refers to a marriage ceremony falling outside the scope of the Marriage Act 1949 (MA 1949).
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