Probert, Rebecca. (2005) The impact of the Marriage Act of 1753 : was it really "a most cruel law for the fair sex"? Eighteenth-Century Studies, Vol.38 (No.2). pp. 247-262. ISSN 0013-2586

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Abstract

It has been argued that the Marriage Act of 1753, which put the law of marriage in England and Wales on a statutory basis, was a harsh measure that caused hardship to women, who were thereby deprived of the protection offered by the previous law. This essay challenges this view, showing that the formalities prescribed by the Act were hardly novel, and had been observed even when they were not essential to the validity of a marriage, while the protection afforded by the previous law was not as generous as has been claimed. It also argues that the courts adopted a purposive approach to the interpretation of the Act that softened its impact.

Item Type:	Journal Article
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > KD England and Wales
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Marriage law -- England -- History -- 18th century, Marriage law -- Wales -- History -- 18th century, Women -- Legal status, laws, etc. -- England -- History -- 18th century, Women -- Legal status, laws, etc. -- Wales -- History -- 18th century
Journal or Publication Title:	Eighteenth-Century Studies
Publisher:	The Johns Hopkins University Press
ISSN:	0013-2586
Date:	2005
Volume:	Vol.38
Number:	No.2
Page Range:	pp. 247-262
Identification Number:	10.1353/ecs.2005.0015
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
URI:	http://wrap.warwick.ac.uk/id/eprint/39337

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