When are we married? Void, non-existent and presumed marriages
2002; Cambridge University Press; Volume: 22; Issue: 3 Linguagem: Inglês
10.1111/j.1748-121x.2002.tb00199.x
ISSN1748-121X
Autores Tópico(s)Legal principles and applications
ResumoIn 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.
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