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Flashcards in Marriage Deck (19):

In Re Annesly

- had French domicile been acquired?
- husband died, French law required administrative steps which were unfulfilled
- action raised in England - lex fori = English law applied
- accordingly, she had acquired French domicile


Qureshi v Qureshi

- talaq divorce
- determining domicile important to determine validity of divorce
- original dom - Pakistan
- temporarily moved to England to train as surgeon
- intention to return to Pakistan
- domicile of origin applied, divorce valid under Pakistan law


Bell v Kennedy

- Jamaican or Sco domicile?
- under Sco law - property after marraige held in communion
- B had not acquired Sco domicile
- shown intention to remain in Jamaica


Udny v Udny

Principles of domicile.
- domicile of origin can always relinquish
- domicile of choice - voluntary residing elsewhere
- with intention of residing there for unlimited time
- must be freely chosen
- no external necessity for moving


IRC v Duchess of Portland

- woman obtained derivative domicile in Eng
- intention to return to Canada
- for purposes of paying tax her original domicile subsisted
- s2 of 1973 Act


Ramsay v Liverpool IR

- original domicile: Sco but lived England for 37 years
- length of residence is not determinant of domicile
- not convinced of intention to reside permanently


Clarke v Newmarsh

- duration and quality of residence may provide evidence of intention


Sellars v Sellars

- Eng. domicile stationed with Navy in Scotland
- action for divorce
- pursuer failed to show that residence in Sco was voluntary


Mark v Mark

- residence need not be lawful for purposes of determining domicile
- Nigerian remained in England after visa dep. based on husbands work permit was no longer valid


Winans v AG

- US citizen lived and died in Eng
- intention to remain in Eng not clear
- Crown claimed legacy
- onus of proof - party that wants to make acquisition for party of choice must prove intention
- Crown unsuccessful - no intention proved


Re Flynn

- F had various possible domiciles
- acquired Californian domicile which had been abandoned through positive intention to not return
- original revived - Aus/Tasmanian
- ousted by Jamaica - domicile of choice


Lawrence v Lawrence

- Brazil refused divorce, obtained in Nevada
- Nevada marraige was considered valid by Eng law as intented martrimonial home was here


Macdougall v Chitnavis

- non-recognition of incapacity that was given
- man could not marry non-Hindu
- contrary to public policy in Sco (discrimination)


Mohammed v Knott

- Nigerian marriage, one party age 13
- court held public policy would not be invoked


Berthhiaume v Dastrous

- from Quebec, married Paris
- according to formalities of place of celebration: marriage not valid



- marraige of Polish detainee of ill health
- presented petition of nullity in Eng: Polish law applied (lex loci)
- mariage void - no consent


A v K

- marriage took place over phone (Sco and Dubai resident)
- Pakistan marriage certificate
- lexi loci was in more than one place
- Held to be Pakistan law as main place of celebration
- marriage valid


Bliersbach v McEwan

- 29 man, 18 woman: domicile Ned
- parental consent required under this legal system
- wanted to marry in Sco
- Sco law could disregard lack of consent
- consider marriage validly celebrated in Scotland


Hussain v Hussain

- Eng male domicile, Pakistani female domicile
- monogamous - neither party had capacity to enter into second marraige
- marraige outwith England under system permitting polygamy
- not polygamous if neither had capacity to enter second marraige