Formal Validity
As a general principle, the formal validity of a marriage is determined under the municipal lex loci celebrationis on the date of the ceremony (the principle of renvoi does not apply unless it will refer to a law that will validate the marriage), and the lex domicilii of either party will be irrelevant. This rule is simple and easy to apply. It should be obvious to parties wishing to marry that they should comply with the local formalities, and legal advice is usually conveniently available. The only drawback to this rule is that, if it were not subject to exceptions, the parties' desire could evade otherwise manadatory provisions in the laws governing their capacity (see "Antenuptual capacity" below). Finally, the effect of retrospective legislation which purports to validate a formally invalid marriage will usually be recognised as an application of favor matrimonii. For the same reason, retrospective attempts to invalidate a narriage will usually fail.
Read more about this topic: Conflict Of Nullity Laws
Famous quotes containing the words formal and/or validity:
“The bed is now as public as the dinner table and governed by the same rules of formal confrontation.”
—Angela Carter (1940–1992)
“There are ... two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.”
—H.L.A. (Herbert Lionel Adolphus)