Hyde v Hyde : defining or defending marriage?
Probert, Rebecca. (2007) Hyde v Hyde : defining or defending marriage? Child and Family Law Quarterly, Vol.19 (No.3). pp. 322-336. ISSN 1358-8184Full text not available from this repository.
Official URL: http://www.familylaw.co.uk/articles/child-and-fami...
Lord Penzance's description of marriage in Hyde v Hyde and Woodmansee has often been cited as the legal definition of marriage, and has been relied on to deny marital status to a number of unions, most recently in Wilkinson v Kitzinger. Yet his words were shaped by their historical context and were not immediately regarded as defining marriage. Nor have they been taken literally in all contexts: when considering the availability of divorce, the courts have not insisted that a marriage be ‘for life', nor has recognition been denied to ‘non-Christian' marriages. This article argues that Lord Penzance's description should be understood as a defence, rather than as a definition, of marriage, and that modern judges are not constrained by it, and should not continue to invoke it.
|Item Type:||Journal Article|
|Subjects:||K Law > KD England and Wales|
|Divisions:||Faculty of Social Sciences > School of Law|
|Library of Congress Subject Headings (LCSH):||Domestic relations -- England, Marriage law -- England|
|Journal or Publication Title:||Child and Family Law Quarterly|
|Publisher:||Jordan Publishing Ltd.|
|Official Date:||September 2007|
|Page Range:||pp. 322-336|
|Access rights to Published version:||Restricted or Subscription Access|
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