Judith Middleton, partner at Latimer Hinks and Accredited Member of Resolution
A High Court judge recently ruled that a couple, who held their wedding in South Africa, complete with priest, trousseau and reception, were not legally married.
The crux of the matter hinged on the fact that the couple had left out key words from the wedding vows, which meant they did not comply with marital laws.
The question about there being any just impediment was omitted and there was also no reference to lawful wife or lawful husband.
The couple have since split up and the legal ruling means that the “bride” cannot seek a financial settlement from her “husband” or file for divorce.
Judith Middleton, a partner at Latimer Hinks, said: “Weddings have changed greatly over recent years with many no longer held in church but at non-traditional venues such as hotels, stately homes and even football pitches.
“This trend for personalising weddings also has been fuelled by TV shows, such as Gavin and Stacey, where characters, to demonstrate the depth of their feelings, have written their own declarations of love as part of the ceremony.”
Judith, who also is the North-East region’s spokesperson the family lawyer’s association Resolution, which has 5,500 members, added: “In this case it appears the couple had agreed with the priest to omit certain phrases on the understanding they would hold a legal civil ceremony when they returned to the UK, but they split up before this happened.
“Those who are planning to get married, but are thinking of changing around the traditional format of a wedding, including the wording of the vows, should check that, whatever they plan, does not affect the legal status of their marriage.”
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