Marriage

Question 1

In Re Annesly

Answer 1

• 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

Question 2

Qureshi v Qureshi

Answer 2

• 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

Question 3

Bell v Kennedy

Answer 3

• 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

Question 4

Udny v Udny

Answer 4

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

Question 5

IRC v Duchess of Portland

Answer 5

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

Question 6

Ramsay v Liverpool IR

Answer 6

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

Question 7

Clarke v Newmarsh

Answer 7

• duration and quality of residence may provide evidence of intention

Question 8

Sellars v Sellars

Answer 8

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

Question 9

Mark v Mark

Answer 9

• 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 based on husbands work permit was no longer valid

Question 10

Winans v AG

Answer 10

• 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

Question 11

Re Flynn

Answer 11

• 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

Question 12

Lawrence v Lawrence

Answer 12

• Brazil refused divorce, obtained in Nevada

- Nevada marraige was considered valid by Eng law as intented martrimonial home was here

Question 13

Macdougall v Chitnavis

Answer 13

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

Question 14

Mohammed v Knott

Answer 14

• Nigerian marriage, one party age 13

- court held public policy would not be invoked

Question 15

Berthhiaume v Dastrous

Answer 15

• from Quebec, married Paris

- according to formalities of place of celebration: marriage not valid

Question 16

Szechter

Answer 16

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

Question 17

A v K

Answer 17

• 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

Question 18

Bliersbach v McEwan

Answer 18

• 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

Question 19

Hussain v Hussain

Answer 19

• 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