When the English court has to decide whether a marriage is valid, foreign elements may be involved: one or both of the spouses may be of overseas origin, or the marriage may have been celebrated in a foreign country. This chapter considers which law applies to determine the validity of such marriages. For choice of law purposes, rules about the validity of marriage are divided into two classes: those concerned with formal validity and those concerned with essential validity or capacity to marry. Rules of formal validity lay down the way in which a marriage must be celebrated (for example, to ensure publicity and proof of marriage). Rules of essential validity or capacity are concerned with the permissibility of the marriage relationship itself — whether the parties ought to be allowed to marry each other (or at all). The chapter also discusses the application of the doctrine of renvoi and rules for same-sex marriages, civil partnerships, and polygamous marriages.
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This chapter considers some parts of the law and procedure following the breakdown of a relationship. It discusses the remedy of separation as an alternative to divorce proceedings. It explains the term ‘separation’ and the two main statutes relating to these areas. The chapter also discusses the bars to petition and also examines nullity as a remedy, including void and voidable marriages and the different grounds for finding a marriage void or voidable. It looks at nullity and civil partnerships, as well as a remedy for escaping forced marriages and some statistics on forced marriages. The Civil Partnership (Opposite-sex Couples) Regulations 2019 (SI 2019/1458) are mentioned. Case law is also used.
