Brook v Brook: 17 Apr 1858

The law of the country in which a marriage is solemnised cannot give validity to a marriage prohibited by the laws of the country of the domicile and allegiance of the contracting parties.
Therefore, a marriage celebrated during a temporary residence in Denmark between an English widower and the sister of his deceased wife, being null and void by the stat. 5 and 6 Wtn. 4, is not valid, although by the law of Denmark marriages are permitted between persons so related by affinity.
The principle of lex loci contractus examined as to various qualifications and exceptions,


[1858] EngR 545, (1857-1858) 3 Sm and G 481, (1858) 65 ER 746




England and Wales

Family, International

Updated: 02 May 2022; Ref: scu.289016