Probert, Rebecca. (2007) Hyde v Hyde : defining or defending marriage? Child and Family Law Quarterly, Vol.19 (No.3). pp. 322-336. ISSN 1358-8184

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Abstract

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 > 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.
ISSN:	1358-8184
Date:	September 2007
Volume:	Vol.19
Number:	No.3
Page Range:	pp. 322-336
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
URI:	http://wrap.warwick.ac.uk/id/eprint/39328

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