The judicial interpretation of Lord Hardwicke's Act 1753
Probert, Rebecca. (2002) The judicial interpretation of Lord Hardwicke's Act 1753. The Journal of Legal History, Vol.23 (No.2). pp. 129-151. ISSN 0144-0365Full text not available from this repository.
Official URL: http://dx.doi.org/10.1080/01440362308539646
It has been claimed that the courts interpreted Lord Hardwicke's Act strictly and that any deviation from the form prescribed by the statute rendered the marriage void. A closer examination of the cases reveals that the courts in fact took a more purposive approach. There was a strong presumption in favour of marriage. Where the marriage was one that had subsisted for a long time, the courts’ approach made it difficult to prove non-compliance with the terms of the Act. Where the parties had married without parental consent, a stricter approach was taken, reflecting the aim of preventing clandestine marriages.
|Item Type:||Journal Article|
|Subjects:||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, Clandestinity (Canon law) -- England -- History -- 18th century, Clandestinity (Canon law) -- Wales -- History -- 18th century, Marriage law -- Interpretation and construction, Clandestinity (Canon law) -- Interpretation and construction|
|Journal or Publication Title:||The Journal of Legal History|
|Page Range:||pp. 129-151|
|Access rights to Published version:||Restricted or Subscription Access|
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