Married Here, Single There: Limping Marriages and Consequence-Specific Protection of Marital Rights in Nigeria, England and Wales, and South Africa

Limping Marriages and Marital Rights

Abstract

Limping marriages, a phenomenon whereby a marriage is recognised as valid in one jurisdiction but denied recognition in another, presents a significant challenge to marital stability and the protection of acquired rights under private international law. This paper examines the problem within the legal frameworks of the , Nigeria, England and Wales and South Africa, focusing on the conflict of laws rules governing the validity and recognition of marriages celebrated across the three jurisdictions. The paper explores how differences in the application of lex loci celebrationis, lex domicilii, personal law and public policy may result in spouses being regarded as married in one jurisdiction and single in another. Where recognition of a marriage's status is contested or refused, the consequences extend beyond the couple's civil status to concrete legal interests such as succession rights on the death of a spouse, property and maintenance claims arising from the relationship, and the legitimacy of children born of the union. Using a doctrinal and comparative methodology, the study analyses legislation, judicial decisions and relevant scholarly literature in the three jurisdictions. It critically evaluates whether existing conflict of laws principles sufficiently protect the legitimate expectations and acquired rights of spouses affected by non-recognition. The paper argues that a more coherent and rights sensitive approach to recognition is necessary to mitigate the injustice and uncertainty created by limping marriages, while maintaining an appropriate balance between territorial sovereignty, public policy and the protection of established family relationships.