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International Journal of Law, Policy and the Family 2000 14(3):256-280; doi:10.1093/lawfam/14.3.256
© 2000 by Oxford University Press
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Formation of marriage in England and Singapore by contract: void marriage and non-marriage

WK Leong

Faculty of Law, National University of Singapore, 13 Law Link, Singapore 117590

There is substantial similarity in the marriage laws in England and Singapore. This essay discusses several cases that demonstrate that fairly basic issues in their respective laws of the formation of marriage remain unresolved. Two in particular have troubled the courts. First, how to view a solemnization that failed to comply with statutory prescriptions. Second, how to understand void marriage and distinguish it from non-marriage. It will be suggested that the relationship between the statutory prescriptions and the status of void marriage is better understood from the contract that underlies formation of marriage. Where the contract of marriage has become formed there is an inchoate marriage so that failure to comply with the statutory prescriptions should lead to a void marriage. The nonentity of non-marriage is only appropriate where there was no formation of the contract.


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