Show Summary Details
Clarkson & Hill's Conflict of Laws

Clarkson & Hill's Conflict of Laws (5th edn)

Jonathan Hill and Máire Ní Shúilleabháin
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 20 August 2022

p. 3537. Marriagelocked

p. 3537. Marriagelocked

  • Jonathan HillJonathan HillProfessor of Law, University of Bristol

Abstract

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.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription