Marriage and Civil Partnership - The Modern Law of Formation, Nullity and Dissolution

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Commentary

Currency: 1st Edition, April 2022

His Honour Michael Yelton

Marriage and Civil Partnership – The Modern Law of Formation, Nullity & Dissolution provides an accessible guide to the law and procedure which will apply following implementation of the Divorce, Dissolution and Separation Act 2020.
In addition to examination of the new Act, the text includes analysis of two very significant decisions: namely HM Attorney General v Akhter and Khan, in which the Court of Appeal affirmed the principle that there was a class of marriage (termed “non-qualifying”) which would not attract a decree of nullity; and Re K, where the practice and procedure in forced marriage cases was considered and set out.

There is also detailed coverage of the law of nullity (following codification in 1971), in the light of subsequent statutory and case-law changes.

In each scenario, the title provides a comparison of the law applicable to single-sex marriages, where different, and civil partnerships, both single and opposite-sex.

The position on staying applications for divorce is fully considered now that the UK has left the EU and the previous mandatory provisions no longer apply.