ABSTRACT

Some courses will focus on the conflict of laws element to nullity, and the following questions are a mixture of those containing entirely English nullity issues and those containing a foreign element. Cases which involve a foreign element require you to be familiar with the concept of domicile since it affects a person’s capacity to marry. Other courses may concentrate on the grounds for nullity and the limitations on who can marry. In this respect the development of the law on transsexuals and marriage from Corbett v Corbett (1970) to the Gender Recognition Act 2004 will be important as will be the law’s rejection of homosexual marriage (Wilkinson v Kitzinger and others (2006)) and the introduction of civil registration of homosexual partnerships in the Civil Partnership Act 2004.