ABSTRACT

The marriage between Frances and Bernadette will be valid if both parties had capacity to enter into the marriage, and if the appropriate formalities were complied with. It seems that both Frances and Bernadette are domiciled in England at the date of their marriage, and so it is English law that will govern their capacity to marry. Section 11 MCA 1973 requires the parties to be over the age of 16, not already married and not within the prohibited degrees of relationship. None of these would appear to cause problems in relation to the marriage of Frances and Bernadette.