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22 January 2009 / Mary Welstead
Issue: 7353 / Categories: Opinion , Divorce , Family
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The virtue of virginity

Should a lack of mutual trust invalidate a marriage?

 

According to the 18th century French writer, Voltaire: “It is an infantile superstition of the human spirit that virginity would be thought a virtue and not the barrier that separates ignorance from knowledge.”
Last year a first instance French court also considered the virtue of virginity and, thereby, caused a furore throughout the country. The facts before the court concerned the marriage of two French Muslims of North African origin. Their marriage, in July 2006, was short-lived. The couple left the wedding reception and retired to the nuptial bed where the husband discovered that his wife had lied about her virginity. The husband applied to the court to annul the marriage. Art 180 of the French civil code provides that a spouse may seek a decree of nullity if he or she has made a mistake about the person they married, or about an essential quality of that person. The husband maintained that the wife’s lie brought him within the ambit of
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

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Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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