The Tyranny of Ordinary Meaning by Christopher Hutton

Author:Christopher Hutton
Language: eng
Format: epub
ISBN: 9783030202712
Publisher: Springer International Publishing

In other words, some marriages were more void than others. However, as in Kassim (orse Widmann) v Kassim (orse Hassim) ,7 because of the nature of the court’s jurisdiction, the only option before the court was a decree of nullity (at 110).

In Corbett v Corbett (otherwise Ashley) (No. 2) the order that the husband pay £6 per week was discharged from the date of the decree nisi, i.e. even before the decree absolute.8 A decree of nullity would in theory have allowed for maintenance payments (as opposed to a declaration of status, which would not). However Ormrod was unsympathetic (at 113): ‘From the time of the so-called “marriage” there was no dependency of the wife on the husband at all. He never maintained her (I use the feminine gender because it is the gender which the wife has assumed), and she never took any steps to claim maintenance, until the long-delayed and abortive proceedings under section 22 of the Matrimonial Causes Act, 1965.’ One argument Ormrod used against Ashley was the substantial payments she had received for her newspaper stories. He also held her primarily responsible for the length and complexity of the trial. Since Ashley had had legal aid, it would be anomalous to require Corbett to contribute to her legal fees: ‘Under contemporary social conditions it is anomalous that a husband, who has succeeded against a wife in matrimonial proceedings, should be called upon to bear her costs, in whole or in part, when she is able to obtain the best legal assistance at small or no cost to herself with a legal aid certificate’ (at 111).

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