H v H [1954] and NS v MI [2006]

Key Points:

• Third-Party Threats:

◦ Both cases illustrate that threats leading to the invalidation of a marriage can originate from third parties, not necessarily from the spouse involved in the marriage.

• H v H (1954):

◦ The court recognised that a threat from a third party, such as family members or associates, could influence an individual’s decision to enter into a marriage, potentially rendering the marriage voidable if the threat was deemed to have overborne the individual's will.

• NS v MI (2006):

◦ This case reinforced the principle that duress leading to a voidable marriage can come from external sources beyond the immediate spouse. The court considered whether threats made by a third party exerted sufficient pressure on the individual to affect their consent to the marriage.

Impact and Analysis:

• Broader Understanding of Duress: The recognition that duress can come from third parties broadens the scope of what constitutes coercion in marital decisions. This approach acknowledges the complex social and familial pressures that may influence an individual's consent.

• Protection of Individual Autonomy: By allowing for the possibility that threats from external sources can invalidate a marriage, the courts aim to protect individuals from being coerced into marital commitments under duress, ensuring that consent remains genuine and voluntary.