Baxter v Baxter [1948]

Key Points:

• Case Background:

◦ The case examined whether a marriage could be considered consummated if the husband used a condom during intercourse.

• Legal Decision:

◦ The court held that consummation had indeed taken place despite the use of a condom. It ruled that consummation is not determined by the potential for procreation but by the act of full penetration.

Impact and Analysis:

• Definition of Consummation:

◦ The judgment clarified that the presence of a condom does not prevent the act of consummation. The essential criterion is the act of sexual intercourse itself, not the potential for reproduction.

• Legal Precedent:

◦ This decision emphasised that consummation involves the physical act of intercourse rather than considerations of fertility or procreation, setting a clear standard for future cases involving marital validity.