Marriage Declared Valid Despite Procedural Problems
Family Law
In the case of MA v JA [2012], The Family Division declared a marriage was valid despite the parties not giving notice to the Superintendent Registrar and there was no certificate.
The couple married in a Mosque which was registered for the solemnization of marriages. The applicant made arrangements for the marriage not realising the formal requirements needed under the Marriage Act 1949.
After the service they did not give notice to the Superintendent Registrar and therefore there was no marriage certificate – only the ‘Contract of Marriage’ issued by the Imam.
The parties intended to live as a married couple under English Law and believed they had done so with the ceremony they took part in.
The court ruled that the marriage should be ruled as valid. The ceremony had been conducted in a registered building in the presence of an authorised person and was the kind permitted by English Law. The parties had also not knowingly breached the requirements of the Marriage Act 1949.
Family Solicitors and Lawyers Eastbourne, Hailsham, Polegate, East Sussex
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