Validity of Marriage and Domicile

SEMINAR PAPER

“Choice of Law Rules Governing The Validity of Marriage & The Important Role of Domicile”

Table of Contents

A) Introduction ………………………………………………………………… 3

B) Validity of Marriage ………………………………………………………… 4

C) Formal Validity of Marriage – General Rule …………………….………. 4

D) Exceptions of To The General Rule .……………………………….……. 5

i) Consular Marriages

ii) Marriages of Members of British Forces Serving Abroad

iii) Common Law Marriages

iv) Insuperable Difficulty

v) Marriages of Military Forces in Belligerent Occupation

vi) Marriages on the High Seas

E) Bibliography ……..…………………….……………………………………. 7

INTRODUCTION

The Conflict of Laws is an integral part of English private law. It has a unique subject matter given that every issue with which it is concerned always contains a ‘foreign element.’ In a simple example, the foreign element differs from (i.e., ‘conflicts’ with) the English rule on the same point. Resolution of the conflict is by way of determining the courts of which country have jurisdiction to hear the case and which system of law they would apply.

Areas of law concerning personal status would normally include areas on the validity of marriage, property rights between husband and wife, jurisdiction on issues of divorce of marriages, wills and intestate succession of movable properties, adoption or inheritance etc. This essay seeks to decipher the complex nature of marriage law within the context of private internal law.

VALIDITY OF MARRIAGE

Marriage law refers to the legal requirements which determine the validity of a marriage, which vary considerably between countries.

In the English legal system, the criteria for determining whether a marriage is valid is illustrated in the House of