Part V Family Law, 22 Matrimonial and Related Causes
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Marriage — Matrimonial causes
This chapter examines the rules governing matrimonial and related causes, which generally include petitions for divorce, nullity of marriage, judicial separation, and presumption of death and dissolution of marriage, as well as similar foreign proceedings which may fall for recognition in England. It first considers whether an English court will assume jurisdiction to grant matrimonial relief in the case of a polygamous marriage, focusing on the relevant provisions of common law and Section 47 of the Matrimonial Causes Act 1973. It then discusses the rules relating to the jurisdiction of the courts, choice of law and recognition of foreign divorces, annulments, and judicial separations as well as presumption of death and dissolution of marriage. It also analyses conflict rules concerning the dissolution, nullity, and separation of civil partnerships and same sex marriage.