Ante-nuptial domicile sets capacity law
The husband domiciled in Italy was divorced from his first wife in Mexico. The divorce was not recognised in Italy. The husband then went to live in Denmark and during a one day visit to England went through a ceremony of marriage with a woman domiciled in Denmark. Following the ceremony, the parties returned to Denmark to live.
Held: The law governing the capacity of a party for marriage is governed by their ante-nuptial domicile. As the Mexican divorce was not recognised in Italy the husband had no capacity to marry by the law of his domicile and therefore the marriage was void.
Judges:
Sir Jocelyn Simon P
Citations:
[1968] P 314
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: 12 December 2022; Ref: scu.244722