Probert, Rebecca. (2002) When are we married? Void, non-existent and presumed marriages. Legal Studies, Vol.22 (No.3). pp. 398-419. ISSN 0261-3875

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Abstract

In recent years the courts have been faced with the problem of deciding what status should be given to marriages that are celebrated outside the provisions of the Marriage Act 1949 yet believed to be valid by the parties to them. Some such marriages have been classified as non-marriages, while others have been saved by the application of the presumption in favour of marriage. The decisions are unsatisfactory for a number of reasons. It will be suggested that the concept of non-marriage should be confined to ceremonies that in no way purport to be marriages. The presumption in favour of marriage should also be limited to situations where there is a valid basis for presuming a marriage rather than being used to avoid dealing with the deficiencies of the law.

Item Type:	Journal Article
Subjects:	K Law > KD England and Wales
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Marriage law -- England, Marriage law -- Wales
Journal or Publication Title:	Legal Studies
Publisher:	Wiley-Blackwell Publishing Ltd.
ISSN:	0261-3875
Date:	September 2002
Volume:	Vol.22
Number:	No.3
Page Range:	pp. 398-419
Identification Number:	10.1111/j.1748-121X.2002.tb00199.x
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
URI:	http://wrap.warwick.ac.uk/id/eprint/39370

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