Proxy marriages is where intended bride and groom being united but not physical present at the ceremony, most cases represented by other persons and is essentially less complicated style of marriage.
Marriages by proxy in the United Kingdom
Marriages by proxy in the United Kingdom are not recognized under the law of England and Wales. However, the United Kingdom recognizes marriages as if they are valid under the domestic law of the country in which they take place, provided they have been executed properly.
In the light of (CB Brazil [2008] UKIT00080)
“That marriages by proxy which take place in the United Kingdom are not recognized under the law of England and Wales. However, that the United Kingdom recognizes marriages as if they are valid under the domestic law of the country in which they take place, provided they have been executed properly”
Which effectively lead to following
(a) the marriage was performed, and any other necessary steps were taken so that it satisfies the law of the country in which it took place
(b) the parties had ‘capacity’ to marry under the law of each of their ‘domiciles’
(c) evidence has been provided to support the validity of the proxy marriage, for example a valid marriage certificate; a letter (or other evidence) from a registrar or government authority from the country in which the marriage was contracted confirming that it was registered properly.
In the context of UK Immigration law, the question arises clearly in respect of applications for entry clearance to the UK. The burden of proof rests with the applicant to exhibit the authenticity of the marriage an impartial and reliable evidence about recognition of the marriage must be provided, ordinary assertions as to the law of the countries will be insufficient to discharge the burden of proof.
KASH LEGAL SERVCIES YOUR TRUSTED LEGAL SERVICES Specialized in UK Immigration law
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