helping
Foreign marriages and the conflicts of laws Course outline
Foreign marriages is the matrimonies that happens between people who do not belong to the same country or else both get married in countries where both of them do not belong. This kind of marriages due to differences in terms of nationality and ethnic backgrounds they have a lot of issues and challenges that comes up. It is therefore necessary to be conversant with the laws concerning marriages. This is basically in terms of how marriages are formed and everything that would come after the marriage. Quite a lot of things would come up after people get married. One is that they will have children who they have a responsibility to raise and take care of. Also they could divorce which in itself would bring a lot of issues. Once a divorce occurs there are the protocols that must be followed in order to get a divorce, how the separated couple will take care of the children, in case they had some joint wealth there is a way in which it would be divided between them, Another issue that would come up is whether the divorced can be able to remarry and if yes under what conditions. This would a bit easier if they were local but now being foreign it could be more complicated. The law definitely talks about all the mentioned issues and actually many more concerning foreign marriages. It would be therefore good to go through them before people go into foreign marriages so as to know what would follow in case of a divorce and whether they can be able to handle it.
Below is an outline of what should be contained in foreign marriages and conflict of law:
Marriage as a contract and a status
Rules of residence and ethnic groups as governing status
Rules governing validity- the orthodox statement
Requirement of the law in place of contract marriages
Exceptions to compliance with lex loci contractus
Forms and capacities
Extra nationality effect of prohibition on marriage by the law of residence
Exclusion upon remarrying after divorce
Acts for bidding miscegenation
Foreign “Incestuous” marriages
Lack of accord of parent or guardian
Uniform marriage evasion act
Effect in third state of marriage void by law of domicile
Recognition of valid foreign marriage
Non- Christian marriage
Conflicts of law
Section I- General principles of conflicts of law
Features of the English conflict of laws
Choice of law of rules
Proof of foreign law
Domicile and residence
Substance and procedure
Section II-Jurisdiction and foreign judgements
Courts authority and influence
Staying of English actions and restraint of foreign proceedings
Foreign judgements
Powers and judgements in the European Union and EFTA
Mediation
Section III-Law of obligations
Agreement within the law
Offense against the laws
Section IV- Wealth and succession
Possessions details
Succession of these properties by spouses after divorce
Marital property relations
Confidence and trust
Section V- Family laws
Marriage laws
Matrimonial causes
Married couples’ children
Section VI- Exclusion of foreign laws
Public policy
Section VII- Theoretical considerations.
i. Reasons and basis of conflict of laws
public international law and the conflict of laws
