Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal: Parties to void marriage are cohabitants for FLA 1996 Sch 7 tenancy transfer orders; foreign law governs only formal validity, not remedies

Published on: 19 March 2024

Published by a LexisNexis Family expert

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Article summary

Tousi v Gaydukova [2024] EWCA Civ 203, [2023] All ER (D) 40 (Mar)

What are the practical implications of this case?

The Court of Appeal rejected Mostyn J’s earlier view that a binding decision under the relevant foreign law does not end with assessing whether the ceremony was valid, but also governs the consequences of any invalidity so long as it is not plainly unjust (para [70]). Instead, the Court confirmed (para [71]) that the forms of remedy or relief that would, or might, be obtainable if proceedings were pursued in the state where the marriage or purported marriage occurred are immaterial to the forms of remedy or relief available under English law. Further, to remove any uncertainty, it is unnecessary to investigate what remedies or relief could be pursued abroad when determining, as a matter of English law, the correct classification of the marriage: whether it is void, voidable, or merely a non‑qualifying ceremony. The focus remains solely on English legal categorisation and relief, unaffected by foreign outcomes...

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