The Library
The evolving concept of "non-marriage"
Tools
Probert, Rebecca (2013) The evolving concept of "non-marriage". Child and Family Law Quarterly, 25 (3). pp. 314-335. ISSN 1358-8184.
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: http://www.jordanpublishing.co.uk/practice-areas/f...
Abstract
This article tackles the difficult question of what the consequences of failing to comply with the formalities required for the celebration of marriage will be in different circumstances. Whether the marriage will be valid, void or simply non-existent depends both on the degree of compliance with the law and whether any non-compliance was deliberate. While the concept of non-marriage is not to be found within legislation, the Marriage Act 1949 does provide the framework for determining what the minimum degree of compliance to create a valid or void marriage must be and, by inference, when it is necessary to categorise a ceremony as resulting in a non-marriage. Given the need for certainty in this area, it is suggested that the intentions of the parties - whether the positive intention to be married despite having failed to comply with any of the requisite formalities or the negative intention not to be married despite having gone through a formal ceremony of marriage - should not be relevant to the determination of this point.
Item Type: | Journal Article | ||||
---|---|---|---|---|---|
Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Child and Family Law Quarterly | ||||
Publisher: | Jordan Publishing Ltd. | ||||
ISSN: | 1358-8184 | ||||
Official Date: | 2013 | ||||
Dates: |
|
||||
Volume: | 25 | ||||
Number: | 3 | ||||
Page Range: | pp. 314-335 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |