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Hyde v Hyde : defining or defending marriage?
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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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Official URL: http://www.familylaw.co.uk/articles/child-and-fami...
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 | ||||
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Subjects: | K Law [LC] > 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. | ||||
ISSN: | 1358-8184 | ||||
Official Date: | September 2007 | ||||
Dates: |
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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 |
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