19
Matrimonial causes

Polygamous marriages

As has already been mentioned, at one time the English courts could not grant any kind of matrimonial relief in respect of a polygamous marriage.1 But this state of affairs could not last, in view of the increased immigration into this country from countries which permit polygamy. The Matrimonial Causes Act 1973, section 47(1), now provides that a court

is not precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that the marriage was entered into under a law which permits polygamy.

This applies to both actual and potentially polygamous marriages. 'Matrimonial relief' includes divorce and nullity decrees and maintenance orders.2


Divorce and judicial separation3

Jurisdiction of the English courts

At common law, the English courts only possessed jurisdiction to grant a divorce if the spouses were domiciled in England. Since at common law a husband and wife were both domiciled in the country of the husband's domicile, this could lead to hardship for a wife whose husband deserted her and acquired a domicile abroad. From 1937 statutory jurisdiction was bestowed upon the courts to entertain a wife's petition when her husband was domiciled abroad.4 By subsequent extensions of such jurisdiction, wives became unduly favoured over husbands. But the abolition in 1973 of the unity of domicile of married couples from 319

____________________
1
See p. 313 above.
2
. Matrimonial Causes Act 1973, s. 47.(2)
3
Judicial separation is now assimilated to divorce for jurisdictional purposes and for recognition of legal separations obtained abroad.
4
Matrimonial Causes Act 1973, s. 13.

-319-

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Conflict of Laws
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Preface to the Third Edition vii
  • Table of Statutes viii
  • Table of Cases xxiv
  • Part I - General Principles 1
  • 1 - Introduction 3
  • 2 - Characteristics of the English 8
  • 3 - Choice of Law Rules 11
  • 4 - Proof of Foreign Law 33
  • 5 - Domicile and Residence 37
  • 6 - Substance and Procedure 60
  • Part II - Jurisdiction and Foreign Judgments 69
  • 7 - Jurisdiction of the English Courts 71
  • 8 - Staying of English Actions and Restraint of Foreign Proceedings 84
  • 9 - Foreign Judgments 109
  • 10 - Jurisdiction and Judgments in the European Union and Efta 131
  • 11 - Arbitration 179
  • Part III - Law of Obligations 187
  • 12 - Contract 189
  • 13 - Tort 220
  • Part IV - Property and Succession 241
  • 14 - Property Inter Vivos 243
  • 15 - Succession 268
  • 16 - Matrimonial Property Relations 277
  • 17 - Trusts 286
  • Part V - Family Law 293
  • 18 - Marriage 295
  • 19 - Matrimonial Causes 319
  • 20 - Children 334
  • Part VI - Exclusion of Foreign Laws 359
  • 21 - Public Policy 361
  • Part VII - Theoretical Considerations 375
  • 22 - Reasons for and Basis of the Conflict of Laws 377
  • 23 - Public International Law and the Conflict of Laws 386
  • Index 395
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