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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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