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Case-study in British Family Law: Religious Beliefs and Divorce

Essay specific features

 

Issue:

Social Issues

 

Written by:

Nicholas G

 

Date added:

December 8, 2016

 

Level:

University

 

Grade:

A

 

No of pages / words:

4 / 894

 

Was viewed:

9586 times

 

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Essay content:

s.12(c) MCA 1973 - that he did not validly consent to the marriage ... in consequence of duress. Cuthbert was frightened of losing his job in embarrassing circumstances. Is this sufficient to have the marriage annulled? According to the test in Szechter , such social and economic pressure would be insufficient, as there must be threats of immediate danger to 'life, limb or liberty'...
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However, in Hirani the Court of Appeal took a more expansive view and formulated the test as being whether the threat was such as to destroy the reality of consent, and overbear the will of the individual. This is a subjective test so a court would take into consideration Cuthbert's timidity when assessing whether his will was indeed overcome by Nadia's threats...
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