A ‘disreputable mess’? Non-marriage after Tousi v Gaydukova

William Horwood St Philips Chambers

This article considers the English law concept of non-marriage taking as its starting point the “postscript” at [88]–[92] of Mostyn J’s judgment in Tousi v Gaydukova [2023] EWHC 404 (Fam). In that “postscript” Mostyn J was critical of the breadth of the definition of non-marriage and cited extensively from an article in this publication by the late Valentine Le Grice QC entitled “A Critique of Non-Marriage” [2013] Fam Law 1278.

In this article it is submitted that there is considerable force in the criticisms levelled at the breadth of the definition of non-marriage by both Mostyn J and Mr Le Grice QC and that the definition of non-marriage should be confined to that argued for by Mr Le Grice QC. This article also explores how that confinement might be achieved and concludes that the most likely route is to wait for a case where the point is directly in issue (which the Court of Appeal in Tousi v Gaydukova [2024] EWCA Civ 203 held that it was not in that case) rather than hoping that Parliamentary time might be made...

Read the full article here.