header-logo header-logo

22 October 2021
Issue: 7953 / Categories: Legal News , Family
printer mail-detail

NLJ this week: To have & to hold?

61708
There was once a right to sue for breach of promise to marry. While this historic right may offend modern mores and morals, could it, or a version of it, if reinstated, provide a remedy to a current marital issue, namely, the protection of parties married in non-qualifying ceremonies?

A typical example would be a couple married in a Muslim nikah who do not subsequently wed in a registry office and therefore do not satisfy the requirements of English law.

Nazia Rashid ponders this fascinating question, assesses the pros and cons and surveys some case law and marriage history, in this week’s NLJ.

Rashid writes: ‘Prior to the reform of the law in 1970, the legal status of a promise to marry was just like any other valid agreement. Therefore, if one party, and typically the fiancé, without lawful excuse failed to honour the agreement to marry his fiancée, he, the defendant, would be liable to pay damages to the plaintif.’ 

Issue: 7953 / Categories: Legal News , Family
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll