Marriages under foreign law or abroad — MCA 1973 s. 14
Foreign marriages: sections 11,12,13(1) do not apply if validity determined by foreign law; no validity if either party already a civil partner.
Subject to subsection (3) where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside England and Wales, nothing in section 11, 12 or 13(1) above shall— preclude the determination of that matter as aforesaid; or require the application to the marriage of the grounds or bar there mentioned except so far as applicable in accordance with those rules. In the case of a marriage which purports to have been celebrated under the Foreign Marriage Acts 1892 to 1947 or has taken place outside England and Wales and purports to be a marriage under common law, section 11 above is without prejudice to any ground on which the marriage may be void under those Acts or, as the case may be, by virtue of the rules governing the celebration of marriages outside England and Wales under common law. No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision stops the usual English rules on void and voidable marriages (sections 11, 12, and 13(1)) from overriding the ordinary rules of private international law. If a marriage has a foreign element—for example, it took place abroad or involves a foreign law—courts may still decide its validity by referring to the law of that foreign country, ignoring the English grounds that would otherwise apply.
For marriages that were celebrated under the Foreign Marriage Acts 1892–1947, or as common-law marriages outside England and Wales, section 11 does not get in the way of those marriages being void under those specific Acts or under the common-law rules that governed the ceremony.
However, no marriage can be treated as valid under this section if either party was already a civil partner at the time the marriage was supposed to have taken place.
When it applies
- A couple marries in France according to French law; later, one spouse argues the marriage is void under English law for lack of consent. This provision says the French law may decide instead.
- A couple marries abroad under common law because no local formalities were available. One party later claims the marriage is void under section 11 for lack of formalities; this provision preserves any common-law grounds that could make it void.
- A couple marries under the Foreign Marriage Acts. One spouse discovers the other was already a civil partner; this provision prevents the marriage from being valid under subsection (1) because of the civil-partner bar, but the marriage may still be void under the Foreign Marriage Acts themselves.
- A UK-domiciled person marries an Italian in Italy; Italian law says the marriage is valid, but English section 12 grounds (e.g., duress) would make it void. This provision lets private international law apply Italian law.
What this section does not say
- This provision does not apply if both parties are domiciled in England and Wales and they marry abroad simply to evade English law; the foreign law must genuinely govern under private international law.
- This provision does not create any new way for a marriage to be valid; it only prevents sections 11–13 from blocking a foreign-law determination of validity.
- This provision does not apply to marriages celebrated in England and Wales under foreign law (e.g., embassy marriages); those are governed by other rules, not this section.
- This provision does not make a marriage valid just because it took place abroad; if it fails under local law and does not meet English common-law requirements, the marriage may still be void.
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This page reproduces the text of MCA 1973 s. 14 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.