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,
Citations:
[1858] EngR 545, (1857-1858) 3 Sm and G 481, (1858) 65 ER 746
Links:
Jurisdiction:
England and Wales
Family, International
Updated: 02 May 2022; Ref: scu.289016