Vivien Croly publishes a case summary in the Financial Remedies Journal on the case Ogbedo v Oghenerume-Taiga [2024] EWHC 3193 (Fam), concerning a successful application of NO (herein referred to as ‘F’) to strike out MT’s (herein referred to as ‘M’) application for nullity pursuant to FPR 4.4 on the basis that it was an abuse of the court’s process. The court applied the test in HMRC v Kishore [2021] EWCA 1565.
In 1974, F married G (a non-party) in Nigeria in a valid statutory marriage. Nigerian law dictates that a person who has been through a statutory marriage cannot, while still married, take another spouse by way of customary marriage.
F and M met in Nigeria in 1992. The parties separated no later than February 2003. The hotly contested issue was whether, as M contended, the parties went through a customary marriage on 16 March 2002. F’s case throughout was that he was never married to M nor had he undergone any relevant ceremony.
Read the full case summary here.
Vivien specialises in marriage and relationship breakdowns involving finance and children, including ToLATA matters and applications made under Schedule 1 Children Act 1989. She was shortlisted for Family Law Young Barrister of the Year at the Lexis Nexis Family Law Awards 2024. Find out more about Vivien here.