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...
Latest articles
Help separated parents ditch avoidance strategies that stop them resolving differences
The desire to avoid conflict with an ex is the primary reason that separated parents do not get to see their children.  That’s an eye-opening finding from a survey of 1,105 separated...
What is a Cohabitation Agreement, and do I need one?
Many couples, despite living together, never seek to legally formalise their living and financial arrangements.  They mistakenly believe that the concept of a ‘common law’ husband and...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
View all articles

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 :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from