Lex loci celebrationis


Lex loci celebrationis is a Latin term for a legal principle in English common law, roughly translated as "the law of the land where the marriage was celebrated". It refers to the validity of the union, independent of the laws of marriage of the countries involved: where the two individuals have legal nationality or citizenship, or where they live. The assumption under the common law is that such a marriage, when lawfully and validly celebrated under the relevant law of the land, is also lawful and valid.

British legal tradition

In the United Kingdom, the jurisdiction of England, or England and Wales, as well as in many other legal jurisdictions largely or partly following the British tradition of jurisprudence, in addition to their modified local versions of the English common law, the legal principle behind the legal term was modified, qualified and further elaborated, both by legal developments in the common law , as well as by codification by Statute. Under the English common law, whether a party needs to be present is treated as a formality of the marriage ceremony, so if a proxy marriage is valid by the law of the place where the marriage was celebrated then it will be recognised in England.