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:
“This is no argument against teaching manners to the young. On the contrary, it is a fine old tradition that ought to be resurrected from its current mothballs and put to work...In fact, children are much more comfortable when they know the guide rules for handling the social amenities. It’s no more fun for a child to be introduced to a strange adult and have no idea what to say or do than it is for a grownup to go to a formal dinner and have no idea what fork to use.”
—Leontine Young (20th century)
“It does not follow, because our difficulties are stupendous, because there are some souls timorous enough to doubt the validity and effectiveness of our ideals and our system, that we must turn to a state controlled or state directed social or economic system in order to cure our troubles.”
—Herbert Hoover (1874–1964)