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Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.
Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting o...
How should we interpret our ancestors' decisions to marry in a particular form or place, or at a particular time? Did their choices make them exceptional or normal for their day? Might their marriages have been bigamous, clandestine, or void? Or might they have conscientiously followed the rules set down by Church and State? Since its publication in 2012, Marriage Law for Genealogists has become the indispensable guide for everyone tracing the marriages of their English and Welsh ancestors between 1600 and the twentieth century. Based upon years of painstaking primary research and studies of thousands of couples, it explains clearly and concisely why, how, when and where people in past centuries married. Family historians just starting out will find advice on where 'missing' marriages are most likely to be found, while those who are already well advanced in tracing their family tree will be able to interpret their discoveries to better understand their ancestors' motivations. Rebecca Probert is Professor of Law at Warwick University and the leading authority on the history of the marriage laws of England and Wales, a subject on which she has written extensively.
This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.
Unmarried heterosexual cohabitation is rapidly increasing in Britain and over a quarter of children are now born to unmarried cohabiting parents. This is not just an important change in the way we live in modern Britain; it is also a political and theoretical marker. Some commentators see cohabitation as evidence of selfish individualism and the breakdown of the family, while others see it as just a less institutionalised way in which people express commitment and build their families. Politically, 'stable' families are seen as crucial - but does stability simply mean marriage? At present the law in Britain retains important distinctions in the way it treats cohabiting and married families a...
Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.
"Marrying a total stranger? I'd rather eat seafood for the rest of my life." What happens when two complete strangers are thrown into an arranged marriage they don't want? All hell breaks loose. Ivory Hiddleberg, born to a long line of entrepreneurs, is in a sticky situation. As the first girl born in the family for over five generations, she was expected to do one thing: to marry into the influential Quartz family. To honour an age-old deal made by her great-great grandfather, she was set to marry Darius Quartz, CEO of a multi-billionaire company. Deadly handsome but cold as ice, she knew he could never give her the happiness she deserves. But with parents hell-bent on making the deal a rea...
This book provides an ethnography of love-marriages in the late 1990s in Delhi, identifying the ways in which marriage is ever more a pitch of intense political contestation. It bears upon anthropological understandings of marriageability, urban morality, gender, kinship and the study of the individual and the couple in contemporary India.