Key Facts
- •Islamic marriage in 1999.
- •Alleged civil marriage in December 2009.
- •Respondent denies presence at the 2009 civil marriage.
- •Parties separated in 2013.
- •Appellant sought divorce in 2022.
- •District Judge Buckley found no valid civil marriage.
- •Appellant appealed, arguing errors in law and fact-finding.
- •Previous findings of domestic abuse against the respondent.
- •Respondent's previous conviction for perverting the course of justice.
Legal Principles
The existence of a marriage may be established by a register entry and certified copies.
Case Law
A marriage certificate is prima facie evidence, not conclusive.
Islam v Islam [2003] 2 FLR 1208
Best evidence of a civil marriage is a certificate showing date, place, and parties.
L-K V K (No 3) [2006] EWHC 3281 (Fam)
An appellate court will interfere with a finding of fact only if the judge was plainly wrong.
Sherrington v Sherrington [2005] EWCA Civ 326; AA v NA [2010] EWHC 1282 (Fam)
An appeal is against an order, not a judgment.
Vaughan v Vaughan [2007] EWCA Civ 1085
Appellate court must consider the first instance judge's advantage in seeing and hearing witnesses.
Piglowska v Piglowski [1999] 2 FLR 763
An appeal may be allowed if the decision is wrong or unjust due to serious procedural irregularity.
FPR 2010 r.30.12(3)
Outcomes
Appeal allowed.
The District Judge's findings were inconsistent and failed to adequately consider the Respondent's previous conviction and the parties' motivations.
District Judge Buckley's order set aside.
Inconsistent findings regarding the authenticity of the marriage certificate and the Respondent's presence at the ceremony. Material omission of the Respondent's prior conviction for perverting the course of justice.
Fact-finding remitted for rehearing by a High Court Judge.
The appellate court lacked the benefit of hearing the evidence at first instance.