When is a marriage not a marriage?

Quite simply, a marriage needs to meet certain legal requirements before it is valid in the UK. The fact that a couple have had a wedding ceremony abroad does not necessarily mean that it will be recognised as a valid marriage in the UK.

It may be years later when the issue actually surfaces. Model, Jerry Hall only discovered that her lavish beach wedding in Bali to Mick Jagger was invalid when their relationship ended.

A recent case puts the issue back in the spotlight. A 27 year old Pakistani man and a 16 year old English woman of Pakistani origin married in Pakistan. The woman returned to England shortly after the marriage and contacted the police, social services and her doctor claiming that she had been forced to marry against her will. She alleged that her family had subjected her to intense pressure to marry, made death threats and physically abused her.

She later married another man in England. A few years later her first “husband” filed for divorce contending that she had willingly consented to their marriage and that they had lived happily together for the next few years.

The focus of the case was whether the first marriage was valid. Under English and Pakistani law, the consent of both parties is needed to achieve a valid marriage. Evidence showed that she had been pressured and coerced and a DVD of the wedding ceremony showed her crying throughout! The woman had clearly not consented to be married so the marriage wasn’t valid.

The case is not unique but the lesson is simple. Don’t leave it too late to take advice. Before having a wedding ceremony overseas it is essential to take legal advice to ensure that it will be legally valid when you return to the UK (if this is what you intend!).

Contact Kim Aucott or Michael Chapman on 0161 236 8992 for further information on this or any family related matter.