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Tying the Knot
Analyses marriage law's development since 1836-its complexity, failures to respond to societal change, and constraints on different beliefs.
Marriage Law and Practice in the Long Eighteenth Century
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.
Marriage Law for Genealogists: The Definitive Guide ...What Everyone Tracing Their Family History Needs to Know about Where, When, Who and How Their
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.
Cohabitation and Religious Marriage
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.
The Changing Legal Regulation of Cohabitation
This book is for anyone interested in the history of marriage and cohabitation, whether historian, lawyer or general reader. It is written in an accessible style, while providing a radical reassessment of existing ideas about the popularity, legal treatment and perceptions of cohabitation between 1600 and 2010.
Trusts Law
This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.
Great Debates in Family Law
This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Moffat's Trusts Law
Detailed, thorough and authoritative new edition of Moffat's Trusts Law.
Marriage Rites and Rights
Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the rites of marriage, as well as the right to marry (or not to marry), and the relationship between them. To this end, this new interdisciplinary collection brings together scholars from numerous fields, including law, sociology, anthropology, psychology, demography, theology and art and design. Focusing on England and Wales, it explores in depth the specific issues arising from this jurisdiction's Anglican heritage, demographic development, current laws and social practices.
Divorced, Bigamist, Bereaved? the Family Historian's Guide to Marital Breakdown, Separation, Widowhood, and Remarriage: From 1600 to the 1970s
Most of our ancestors were wed only once, and after the death of a spouse did not remarry. Yet every family tree has individuals whose lives did not fit that pattern: a minority of the bereaved chose to take a second or even a third spouse, and with some marriages breaking down and divorce increasingly an option there were always bigamists and divorcees ready to find a new partner. In this follow-up to the bestselling Marriage Law for Genealogists, Rebecca Probert explains divorce, bigamy, bereavement and remarriage from the 1600s through to the late twentieth century. How long did marriages last? Was the loss of a spouse in middle age as common as we might assume? And for those who did lose...
