A wealthy estate agent is asking a High Court judge to declare that a wedding ceremony he went through with the mother of his child was not a marriage.
A priest conducted a form of marriage ceremony in South Africa between Gillian Hudson, 43, and Robert Leigh, 49, who had promised there would be a legal, civil marriage when they returned to London. But before the civil service could take place, the relationship broke down.
Nicholas Mostyn QC, representing Mr Leigh, told Mr Justice Bodey: “Behind this dispute is of course money.”
When Ms Hudson filed for divorce, Mr Leigh denied the validity of the marriage, claiming it was a non-marriage.
She is now seeking a ruling that would allow her to take her case to a High Court family judge who would rule on the division of assets.
Ms Hudson agreed with Mr Mostyn that both she and Mr Leigh had agreed to leave out the words “no just impediment”, “your lawful wife” and “your lawful husband” from the ceremony on the roof of their home in Cape Town.
But the regular churchgoer said: “From my point of view I believed I was getting married before God.”
Questioned by her own barrister, Valentine Le Grice QC, on her feelings after the ceremony in January 2004, she said: “I felt very married. I felt like a different woman and I felt like a wife. The whole essence of my being felt different. I was very happy to be with Robert.”
The couple met in England in 1992 and continued meeting after Ms Hudson went to live in South Africa. Mr Mostyn told the judge: “By 2000 the relationship had become a more serious one. Ms Hudson visited England in September 2000 and after she returned to South Africa she discovered she was pregnant.
“Mr Leigh was present when Ms Hudson gave birth to their daughter in South Africa.” By 2003 Ms Hudson was spending most of her time in England.
Mr Leigh proposed marriage in August 2003 and Ms Hudson said she wanted a religious ceremony while Mr Leigh wanted a civil one.
She had been attending a church in Cape Town where the Reverend Roger Horwood agreed he would conduct a ceremony and that the marriage register would not be signed. Also, the words “does anyone know just cause or impediment” would be omitted from the service.
When they returned to live in England in January 2004, they went to arrange a civil marriage but the relationship broke down before any such service took place.
Mr Mostyn said the court must decide whether the event in Cape Town was a valid marriage, as Ms Hudson claims, a void marriage still allowing Ms Hudson to seek a settlement, or a non-existent marriage, as Mr Leigh is claiming.
