Szechter v Szechter, [1971] 1 WLR 171
Citation:Szechter v Szechter, [1971] 1 WLR 171
Rule of thumb: If a woman is heavily pressurised into a marriage by family etc, is this a valid marriage? Yes, as long as there were no illegal threats & no ulterior motive then it is still a valid marriage.
Judgment:
The facts of this case were that the girl to the marriage was under severe family pressure due to religious tradition to get married. The girl argued that this was duress. The other party argued that there was no duress or threats. The Courts held that the test for duress in marital contracts is high – there was no immediate threat to life or endangerment and the Court held that a valid marriage was formed, ‘a threat of immediate danger to life, limb or liberty... In order for the impediment of duress to vitiate an otherwise valid marriage, it must, in my judgment, be proved that the will of one of the parties thereto has been overborne by genuine and reasonably held fear caused by threat of immediate danger (for which the party is not himself responsible), to life, limb or liberty, so that the constraint destroys the reality of consent to ordinary wedlock.’ Karminski J
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