When is a marriage invalid?PrintPdfClose »

12/03/2012

When can a couple go through a properly carried out ceremony of marriage in this country and still be unmarried under British law – other than when the marriage turns out to be bigamous?

The answer is when they are already validly married elsewhere when the British marriage takes place.

The court recently ruled that a couple who had married in this country but who later separated were not married at all. Why? Because by the time of the marriage, they had already legally married in the USA. When they subsequently divorced in the USA, they ceased to be married, because their later purported marriage in the UK was not valid.

The important point in this case is to show how confused the picture can be for couples who decide to undergo marriage ceremonies in more than one country.

The judge hearing this case was critical of those who wish to engage in multiple marriages. If you are tempted to ‘get married’ in more than one country, it usually makes sense to stop short of going through a second ‘full’ marriage.

Emma Benyon-Tinker

Solicitor
T: 01803 407660
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