De Reneville v De Reneville
1948 · [1948] P 100
Posted By lanbuk.com
- Facts
- A wife petitioned for nullity on the ground of the husband's incapacity, and the court had to say whether the marriage was void or voidable in order to decide domicile and .
- Issue
- What is the difference between a and a voidable one?
- Held
- Lord Greene MR held that a void marriage is treated by every court as never having taken place, and can be treated that way without a decree. A is valid until a decree annuls it.
- Principle
- Voidness needs no decree, though a decree is useful. Voidability needs a decree, asked for by a party, in the lifetime of both.
- Why it matters
- Non-consummation is voidable. A prior subsisting marriage, and the prohibited degrees, are void. The wife's domicile follows from which it is.
Words and Latin in this note
- Voidable marriage
- A marriage that is valid until a court annuls it. Only a party can petition, and only while both are alive. Wilful refusal to consummate is a statutory ground. Incapacity to consummate is a common-law ground the Act leaves open. Open the note.
- Void marriage
- A marriage the law treats as never having taken place. Under the Christian and Civil Marriage Acts the grounds are the ones sections 10 and 15 list. No decree is required, though a decree puts the voidness on the record. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.