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The judicial interpretation of Lord Hardwicke's Act 1753
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Probert, Rebecca (2002) The judicial interpretation of Lord Hardwicke's Act 1753. The Journal of Legal History, Vol.23 (No.2). pp. 129-151. doi:10.1080/01440362308539646 ISSN 0144-0365.
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Official URL: http://dx.doi.org/10.1080/01440362308539646
Abstract
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 | ||||
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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): | 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 | ||||
Publisher: | Routledge | ||||
ISSN: | 0144-0365 | ||||
Official Date: | 2002 | ||||
Dates: |
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Volume: | Vol.23 | ||||
Number: | No.2 | ||||
Page Range: | pp. 129-151 | ||||
DOI: | 10.1080/01440362308539646 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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