ABSTRACT
Held: the question of the marriage was to be determined according to French law, ie, the law of the country in which the parties intended to make the matrimonial home. Lord Greene considered the essential distinction between void and voidable marriage:
Re Spence (1990) CA W married H in 1885 and gave birth to D in 1891. Later W left H to live with X and gave birth to two sons by him. In 1934 W went through a ceremony of marriage with X. H was alive at that time. In subsequent proceedings related to the grant of letters of administration to D, the question of D’s legitimacy arose.
