GAY MARRIAGE AND THE COMMON LAW CONFLICT OF LAWS RULES: A SINGAPORE PERSPECTIVE

This article will set out the Singapore conflict of law rules on capacity to marry, and explain the principles behind those rules. The article will discuss how these conflict of law rules apply to the issue of the validity of marriages with a foreign element. This will be done by exploring the application of these rules to marriages solemnised outside of Singapore, both in marriages between two foreign domiciliaries, as well as in marriages where at least one of the parties is domiciled in Singapore. The article will also explore the limits of the application of these rules, by reference to foreign conceptions of marriage not presently known to Singapore law.