Smith v Smith

Facts

A claim that English law governed the affairs of a couple who had married by Christian rites, on the supposed authority of Cole v Cole.

Issue

Is Cole v Cole right?

Held

No. It is wrong to suppose that a person who marries in church has so far abandoned custom that English law regulates the whole of life.

Principle

The marriage governs the marriage. It does not choose the law for every later transaction.

Why it matters

The correction of Cole. Use it before Coleman, which is the fuller statement.

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