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Words: 2,700 | Submitted: Fri May 09 2008
... needs modern society. The current approach regards to same-sex marriage celebrated abroad The question of recognition for foreign same-sex marriage has been recently addressed in the case of Wilkinson V Kitzinger &Ors . The petitioner and the first respondent had gone through a form of marriage lawful and valid by the law of British Columbia, Canada. Upon their return to the UK, the parties applied to the court for it to give effect to the MCA 1973 s 11(c) and S 1(b) of the CPA 2004; to recognise same-sex marriages lawfully effected in other jurisdictions as valid in English law. They were essentially asking the court to ignore the general principles of English private international law governing marriages which require that the parties conform to the formalities of marriage as provided by the country where the marriage took place and that the couple has legal capacity to marry in their country ...
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