burden of proof

17
May

Cudjoe (Proxy Marriages: burden of proof) [2016] UKUT 00180 (IAC)

Cudjoe (Proxy Marriages: burden of proof) [2016] UKUT 00180 (IAC)

In regards to proxy marriages, as recognised in case of Kareem (Proxy Marriages – EU law) [2014] UKUT 00024 (IAC), an appellant must always prove that their proxy marriage was done according to the laws of the country in which the proxy marriage took place, which confirms that both parties were free to marry. It will also be for the appellant to prove the reliability of proxy marriage certificates by a competent authority. Therefore, a submission of a marriage certificate is not limited to prove that a proxy marriage was contracted. As in some cases if a divorce took place before the proxy marriage, the burden of proof of both parties to marry freely arises.

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