Family Law Hub

HM Attorney General v Akhter & Ors [2020] EWCA Civ 122

The Attorney General appealed from a decision to pronounce a decree nisi of nullity following a marriage ceremony which the parties had known was of no legal effect. The petitioner and respondent had reached an agreed settlement, so arguments on matters of law were made on behalf of the first intervener, a petitioner in separate nullity proceedings. The issues were whether there could be ceremonies or other acts which do not create a marriage, even a void marriage, within the scope of section 11 of the Matrimonial Causes Act 1973; and if there could be, whether this had been such a ceremony, currently described as a non-marriage, or whether instead, as Williams J had decided, it had created a void marriage. Sir Terence Etherton MR (the Master of the Rolls), King LJ DBE and Moylan LJ set aside the judge's order as there was, in this case, no ceremony in respect of which a decree of nullity could be granted pursuant to the provisions of section 11. The judge's approach was supported by neither the European Convention on Human Rights nor the United Nations Convention on the Rights of the Child 1990.

Judgment, published: 28/05/2020

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Published: 28/05/2020

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