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10 Adults

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 April 2024

Family law — Financial relief — Marriage — Matrimonial causes — Provisional remedies

This chapter deals with the private international law of adults and adult relations: as to both jurisdiction and the identification of the applicable law in matrimonial proceedings. The point of departure is to consider the extent to which status, as determined by the law of the domicile, the lex domicilii is still useful as a concept in private international law. The conflicts rules relating to the validity of marriage—formal validity, capacity, essential validity—are examined together with the enabling or disabling role of the law of the place of marriage, the lex loci celebrationis. The more difficult issues which would render a marriage voidable are then dealt with. Divorce and annulment are examined in the context of the jurisdictional powers of an English court, as are the circumstances in which a foreign divorce or annulment will be recognized in England; the proposition that there is no choice of law in English divorce proceedings, because the English court always applies English law, is questioned. Particular attention is paid to the problem which arises when the law that would determine the validity of a marriage does not agree with English law about the effect of a prior divorce. The power of an English court to order financial provision or maintenance in English matrimonial proceedings, or after a foreign divorce, is examined. An outline of the law of personal incapacity, and of personal bankruptcy, is also given.

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