flag-uk-eng.gifUNITED KINGDOM

England

 

Higher Law. As a constituent country of the United Kingdom, England is bound by United Kingdom law, European Union law, and the UK’s own international obligations. The UK has not, however, ratified the 1978 Hague Convention.

Internal Family Law.

Marriage. England has expressly declared same-sex marriages void since 1974. Matrimonial Causes Act 1973, c. 18, § 11(c). In addition, English common law has long defined marriage as “the voluntary union for life of one man and one woman, to the exclusion of all others.” Hyde v. Hyde (1866), L.R. 1 P. & D. 130, 133 (emphasis added).

Civil Unions. England has provided for same-sex civil unions, known as civil partnerships, since 2004. Civil Partnership Act 2004, c. 33.

Domestic Partnerships. England neither provides for nor expressly prohibits domestic partnerships.

Conflicts Law.

Recognition of Foreign Same-Sex Unions.

  • Marriages. England generally adheres to the rule that the essential validity of a marriage is governed by the law of the domicile of each party. In Wilkinson v. Kitzinger, [2006] EWHC 2022 (Fam), the High Court held that England would not recognize—as a marriage—a same-sex marriage formalized in Canada by English domiciliaries because the internal law of England, the domicile of each party, deemed same-sex marriages void. English courts have not yet encountered a same-sex marriage between parties who were domiciled in a place that authorizes same-sex marriages, but recognition of such a marriage as a marriage would violate the strong public policy of England. See Wilkinson (alternative rationale). England will, however, recognize a foreign same-sex marriage as a civil partnership for purposes of English law. Civil Partnership Act 2004, c. 33, §§ 212-218.
     
  • Civil Unions. England provides for the recognition of foreign civil unions as civil partnerships. Civil Partnership Act 2004, c. 33, §§ 212-218.
     
  • Domestic Partnerships. England provides for the recognition of foreign domestic partnerships as civil partnerships. Civil Partnership Act 2004, c. 33, §§ 212-218.

 

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