What happens when one party claims they are married and the other flatly denies it? The recent case of Z v Z [2025] EWHC 276 (Fam) serves as a striking example of how the courts approach disputes over whether a legally valid marriage exists. With financial remedies at stake, the case underscores the importance of marriage registration, evidential burdens, and the challenges of proving—or disproving—a civil marriage.

The Case: A Marriage in Dispute

Ms. Z claimed that she and Mr. Z had a civil marriage on 14 December 2009 at X Registry Office. She produced a marriage certificate, bearing what appeared to be Mr. Z’s signature, and argued that this document should be conclusive proof of their legal union.

Mr. Z, however, denied that he had ever attended the ceremony, insisting that Ms. Z had tricked the registrar by using an imposter who fraudulently signed his name. He maintained that their only valid marriage was their Islamic Nikah in 1999, which was not recognised under English law.

Why did this dispute matter? Because without a legally recognised civil marriage, Ms. Z could not pursue a financial claim against Mr. Z.

What the Law Says: Proving a Valid Marriage

In England and Wales, a legally valid marriage requires:

1. Compliance with the formal requirements of the Marriage Act 1949, including proper notice and registration.
2. A properly conducted ceremony in an approved location, witnessed by two people.
3. Signatures on the marriage certificate, confirming the marriage took place.

The best evidence of a valid marriage is the official marriage certificate, as emphasised in L-K v K (No. 3) [2006] EWHC 3281 (Fam). This case confirmed that a marriage certificate is strong evidence but not conclusive—if fraud or error is alleged, the court must weigh all the evidence.

In Islam v Islam [2003] EWHC 1298 (Fam), the court found that a marriage certificate alone was not enough when compelling evidence suggested a fraudulent registration.

The Court’s Decision: Did the Marriage Happen?

After hearing extensive evidence, Mr Justice Trowell ruled in favour of Ms. Z, finding that the civil marriage did take place. The court based its decision on:

• The Marriage Certificate: The judge found no expert evidence to support Mr. Z’s claim that the signature was forged.
• Registrar’s Safeguards: The judge noted that registrars verify identity using photo ID before marriage ceremonies, making it highly unlikely that an imposter could have fooled officials.
• Lack of Strong Counter-Evidence: While Mr. Z argued that there were no wedding photos, receipts, or family witnesses, the judge accepted Ms. Z’s explanation that civil marriages were not culturally significant and may not have been celebrated.
• Mr. Z’s Credibility Issues: The judge highlighted inconsistencies in Mr. Z’s evidence, including a false Islamic divorce document he had created in 2013, and a conviction for perverting the course of justice in 1994.

However, the judge acknowledged "odd features" in Ms. Z’s evidence, including her inability to locate the ceremony’s witnesses and her failure to mention the civil marriage in earlier family proceedings.

Key Takeaways: Proving (or Disproving) a Marriage

1. A Marriage Certificate Is Strong Evidence, But Not Infallible
   • Courts presume a marriage is valid if a certificate exists, but it can be challenged with compelling evidence.
2. Fraud Allegations Carry a High Burden of Proof
   • The party alleging fraud (here, Mr. Z) must provide strong evidence—mere suspicion is not enough.
   • Expert handwriting analysis could have helped, but Mr. Z failed to obtain one.
3. Cultural Norms Matter
   • The court recognised that civil marriages are sometimes viewed as administrative formalities rather than major events, explaining the lack of wedding celebrations or family involvement.
4. Judicial Scepticism Toward Late Claims
   • The judge noted that Ms. Z only pursued the divorce after years of litigation, raising some doubts.
   • However, he accepted that her focus had been on child arrangements and protection from domestic abuse.
5. Delays Can Impact Available Evidence
   • Key records, such as Mr. Z’s employment records, had been destroyed, making it harder for him to disprove attendance at the ceremony.

Final Thoughts: A Cautionary Tale

For family lawyers, Z v Z is a reminder that marriage disputes are not always clear-cut. While a marriage certificate is powerful evidence, it is not absolute—but challenging it requires real proof, not just denial.

For couples, the case highlights the importance of proper legal formalities and the risks of informal marriages that lack legal recognition. If you’re entering a religious marriage, consider ensuring it is legally registered, or you could face serious consequences in the event of a breakup.

Share on Facebook

Post on X