Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles
Authors

Marriage: a modest proposal

Sep 29, 2018, 18:35 PM
Slug : Eekelaar-JanFLJ2013
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 24, 2012, 01:30 AM
Article ID : 101219

John Eekelaar

Emeritus Fellow, Pembroke College, Oxford

An attempt to include a Scientologist chapel among buildings registered for the purposes of solemnisation of marriage has drawn attention to the law relating to entering into marriage in England and Wales. In 1973 the Law Commission considered the law to fall 'woefully short' in simplicity and intelligibility, and since then it has become more complicated with the power given to local authorities by the Marriage Act 1994 to 'approve' venues for civil marriage. This creates an artificial division between religious and secular marriages, and encourages an unseemly commercialisation of marriage while failing sufficiently to enable people to establish their marriage in the form most meaningful to them. While one solution might be to require a civil marriage in all cases, on the continental model, the proposal suggests that it would be preferable to improve the existing approach. Logically this should allow parties to effect their marriage by any form, and in any place, they choose provided their agreement is attested by witnesses, and that they have given notice beforehand. Giving notice would be a serious occasion for checking eligibility, ensuring as far as possible that motivation and consent is genuine, and providing relevant information.

The full version of this article appears in the January 2013 issue of Family Law.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from