Valentine’s might be just the day to pop the question. And how about having the wedding itself on a beach far enough away to seriously dent your green footprint? Environmental issues aside, is it really wise to do this if you may not actually end up married in the eyes of domestic law?

Marrying abroad, often in an exotic location, is the latest fashion. Numbers have risen steeply in recent years: in 2000, the total was 45,000 and could now be nearer 50,000. Foreign travel is cheaper and a wedding less costly than in Britain. Celebrities are leading the way: Chris Evans and Billie Piper tied the knot in Las Vegas, as did Noel Gallagher and Meg Mathews. Kate Moss and Pete Doherty promptly denied press speculation earlier this year that they may have had some form of religious ceremony in Phuket, Thailand (it was only a holiday). But if that had been true, would it have been a valid marriage?

Another famous couple, Mick Jagger and Jerry Hall, apparently tied the knot in Bali in 1990. Less than ten years later, in their divorce proceedings, Mr Justice Connell had to decide if there had been a ceremony purporting to be a marriage that could be recognised under English law. He found that the couple had clearly gone through an “elaborate ceremony” witnessed by many guests: photographs showed the couple cutting a cake and exchanging rings. The ceremony was conducted by a Hindu priest and there was an exchange of vows .

The judge was therefore satisfied that a ceremony purporting to be a marriage had taken place. Whether it was recognised in Bali — and hence in England — depended on its compliance with Indonesian law.

Two experts on SouthEast Asian law filed joint evidence. Local law at the time required it to be registered but it never was. Even so, the ceremony would have been valid as long as there was an acknowledgement by the local community. But that would have required the couple to have been Balinese Hindus. The judge found that neither had ever been a true member of the Hindu religion. Their “marriage” was null and void.

Depending where a “foreign” marriage takes place, there are complex provisions dealing with validity. Generally, the rules state that a marriage certificate or similar document issued under the law in force in that country or a certified copy of an entry in the register of marriages kept under local law is sufficient proof. If it is disputed, it’s a rather different matter, as Hall and Jagger found out.

Tony Roe is Partner and head of family law at Boyes Turner

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