Under the rules of private international law the form of marriage is generally governed by the local law of the place of celebration.
Lord Dunedin said: ‘If there is one question better settled than any other in international law, it is that as regards marriage – putting aside the question of capacity – locus regit actum. If a marriage is good by the laws of the country where it is effected, it is good all the world over, no matter where the proceedings or ceremony which constituted marriage according to the law of the place would not constitute marriage in the country of the domicile of one or other of the spouses. If the so called marriage is no marriage in the place where it is celebrated, there is no marriage anywhere, although the ceremony or proceedings is conducted in the place of the parties domicile would be considered a good marriage. These propositions are too well fixed to need much quotation.’
Judges:
Lord Dunedin
Citations:
[1930] AC 79
Jurisdiction:
England and Wales
Cited by:
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 10 May 2022; Ref: scu.244721
