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Report No. 23

7. Features of the English and Australian Acts.-

The salient features of the two Acts may be summarised as follows:-

(i) the object of the Acts is only to provide for a form of marriage which may be availed of by persons marrying abroad where one at least of the parties to the marriage is a citizen;

(ii) the Acts do not affect the validity of marriages not solemnised under them;

(iii) apart from providing for rules of guidance to marriage officers to ensure the international validity of marriage, the Acts do not deal with the capacity of parties or conditions for the validity of the marriage. In the Australian Act, however, there are some provisions dealing with this matter;

(iv) the Acts do not deal with matrimonial causes or other incidental matters;

(v) the Acts provide for registration of marriages solemnised outside their purview, but such registration has only evidentiary value and no more.

Law of Foreign Marriages Back

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