MARRIAGE

age for consent without parental approval - 1969, 25, 178
Anglican Establishment: changes to allow monarch to marry a Catholic; issue of children's religion - 2014, 172, 10
Austrian opposite sex couple denied civil partnership had no rights violated (ECHR), situation in UK may be different (Ed.) - 2018,180, 137
Aquinas trying to explain how polygamy was tolerated among the Patriarchs - 2019, 183, 134
bigamy, comments on Whiston v. Whiston - 1996, 130/131, 120
bigamy, no entitlement to matrimonial property in case of - 1996, 128/129, 55
breach of promise of - 1971, 32, 70
changing attitudes to marriage & divorce - 1996, 128/129, 35
changing nature of marriage from social contract to relationship of love - 1996, 128/129, 15
child from illegal polygamous marriage in Nepal, refused entry to join father in UK, court aims to discourage such marriages & promote gender equality (case) - 2012, 169, 291
Church of England Clergy: civil partnerships not intrinsically incompatible with Holy Orders but same sex marriages are - 2018, 181, 171
Church of England Minister not dismissed due to marital problems so discrimination claim on those grounds failed (case) - 2020, 185, 189
Civil Partnership registration, imposing of on registrar, doesn't violate Christian rights (case) - 2009, 163, 142
civil partnerships allowed in religious premises but not in religious services; superceded by same-sex marriage? - 2011, 167, 80
Civil Partnerships not being allowed to different sex couples is discriminatory (case) - 2018, 181, 255
clerics and celibacy -1981, 68/69, 29
'common law marriage': myths surrounding this point to possible legislation for financial compensation as in Scotland - 2016, 177, 181
consents required for a valid legal marriage - 1996, 128/129, 41
concepts of valid, void and non marriage in law (case) - 2018, 181, 229
contract or relationship? - 1996, 128/129, 3
conversion to Islam words said during Nikah marriage to a Pakistani but Thai national continued to be Buddhist; asylum granted as no safe country to return her as either apostasy or invalid marriage (case) - 2023, 190, 98
Covid 19 restrictions: changing regulations and impact on wedding venues in the four UK jurisdictions - 2021, 187, 96
Defender of the Bond - importance to uphold permanance of marriage (annulment process) - 2010, 165, 117
differing fee liability for immigrants wishing to marry in C. of E. or elsewhere is discrimination (ECHR) - 2011, 166, 90
discrimination (by Church) on grounds of sex, orientation & marriage / civil partnership; theological & legally compliant reasons for - 2018, 181, 171
divorce in early Roman law, the early church, Canon law & late Roman Empire - 2015, 174, 35
Divorce Reform Bill, implications on - 1968, 20, 86
education to support marriage, importance of - 1996, 128/129, 15
Equality Act (Sexual Orientation) Regulations mean civil partnerships must be treated same as marriages - 2007, 159, 114
Equality and Human Rights Commission guidance on same-sex marriage for schools, workplaces etc (2013) - 2014, 173, 113
everyone subject to immigration control having to apply to Secretary of State for approval to marry, must not unreasonably prevent genuine marriages (case) - 2008, 161, 139
families, support of: précis & commentary on Government proposals - 1999, 142/143, 91
family law, looking back over 40 years of - 2003, 150, 8
formalities concerning marriage: research & modernisation required; religiously married & cohabiting couples often need educating as to limited remedies - 2016, 177, 181
gender reassigned persons excluded from the obligation of clergy to marry residents, special provision in Equality & Marriage law - 2015, 174, 96
government consultation on marriage ceremonies in England & Wales; issues with humanist weddings - 2015, 174, 96
historical Protestant & Catholic approaches to marriage regulation; Council of Trent, Luther's use of civil law, English church canons - 2017, 179, 117
human rights law and influence on whether a marriage is found to be void or invalid (case) - 2018, 181, 229
humanist call for legal recognition of their marriages as surveys suggest some are put off by religious connotations - 2022, 189, 169
humanists can't win discrimination case that their marriage ceremonies are unrecognised as government already reviewing this with wider reforms (case) - 2020, 185, 198
husband must pay secular maintenance order despite sharia prenuptial financial agreement (case) - 2013, 170, 107
importance of marriage to both church and state - 1993, 116/117, 36
indissolubility, popular perceptions on the meaning of - 1967, 14/15, 6
individual autonomy, new focus on, gives legal effect to pre-nuptial agreements & courts are approving religious arbitration agreements after divorce - 2016, 177, 181
informal sharia ceremony in which one party lacked capacity, declared a non-marriage (case) - 2014, 172, 72
Islamic marriage, lack of civil procedure could lead to lack of legal rights - 2010, 165, 124
jactitation of - 1971, 32, 70
Jewish marriage and divorce: interactions between secular and religious legal systems - 2010, 164, 63
Law Commission review of law on how & where people can marry: scoping paper questions solemnizing outside of religious/state system, outside ceremonies, aligning with civil partnership law - 2016, 176, 39
Lutheran reformation: influence still seen in most Western legal systems e.g. mixed Church / State jurisdictions for marriage, welfare and education - 2017, 178, 6
Marriage (Same Sex Couples) Bill: provisions; religious safeguards (Scottish & N.I. differences) - 2013, 170, 96
Marriage (Same Sex Couples) Bill: bungled consultation with Church in Wales - 2015, 174, 96
marriage contracted in Somaliland (not recognised as a State) declared valid in UK law (case) - 2020, 184, 106
marriage gift agreements can be enforceable (even for religious marriages) after break up; cases arguing if proprietary right or contractual - 2016, 177, 181
marriage law across UK: differences between jurisdictions, reform needed to Marriage Act 1949 - 2015, 174, 96
marriage law reform 2015: questions for the government - 2016, 176, 39
marriage no longer sacramental post English reformation but still solemnised in church (Scotland different & constituted by consent) - 2017, 178, 37
Muslim Law and special status - 1989, 102/103, 2
nature of - 1975, 46/47, 2
nature of marriage, divorce and remarriage & mixed marriages in Greek & Latin Churches - 2006, 157, 7
nature of modern legal marriage explained in context of judgment of nullity of Muslim marriage; cohabitation etc not required (case) - 2021, 186, 69
Nikah wedding (not registered) ruled to be a 'void' marriage, not non marriage (case) - 2018, 181, 229; on appeal, was classed as non-qualifying ceremony so no financial remedy possible - 2020, 184, 102
pre-nuptial agreements: law commission recommends these as legislatively binding (assuming needs met) including religious agreements - 2016, 177, 181
preventing immigration clearance for marriage when one spouse UK citizen & other under 21, is against rights (case) - 2011, 166, 92; upheld on appeal - 2011, 167, 117
Prince of Wales's marriage: legality of and its implications - 2005, 154, 27
privatisation of family justice: cuts to legal aid & distrust of state regarding marriage push to alternative (incl. religious) dispute resolution - 2016, 177, 181
privileged communications to priests and marriage counsellors - 1977, 54/55, 103
problem of religious marriages that are not legal (MA case) - 2015, 174, 96
prohibited degrees - 1980, 66/67, 50
recognition of Islamic marriages conducted overseas (does it comply with public policy?) - 2010, 164, 27
recognition of religious (non-civil) marriage differs across Europe - 2011, 166, 98
refusal to register chapel of Church of Scientology as place of worship so that marriages could take place, was justified but can be appealed (case) - 2013, 170, 140; appeal allowed registration as no longer need supreme deity to define religion (meaning of 'worship' widened) - 2014, 172, 86
relation of marriage to a reigning non-moral legal system - 1992, 112/113, 64
religious ceremony designed not to form a civil marriage does not effect a valid marriage therefore can't divorce (case) - 2009, 163, 184
religious Islamic marriage ceremony but no marriage contract (or UK one), can't decree nullity as no legal marriage (case) - 2012, 168, 121
religious organisations are not obliged to perform a marriage in cases of gender reassignment - 2010, 165, 194
religious tribunals (Catholic, Jewish, Muslim): regulation of marital disputes, mediation and remarriage - 2016, 177, 181
religious views (eg against gay marriage) generally protected in court but increasing use of 'worthy of respect' tests etc already caused gender critical views to be ruled 'incompatible with human dignity' - 2021, 187, 134
remarried not permitted to take Holy Orders in C. of E. while spouse alive but Archbishop can allow; does discretion make exemption to discriminate in Equality Act legally difficult? - 2018, 181, 171
revival of marriage in society, ideas for the - 1993, 118/119, 111
same-sex marriage: consultation and proposals to introduce non-religious form of - 2012, 168, 94
same-sex marriage, State not obliged to allow, or if does, can decide what status this confers (ECHR) - 2012, 168, 123
Scientology defined as a religion in context of Supreme Court ruling that a marriage could be held in their building - 2021, 187, 121
'sham' marriages: difficulties of regulating these - 2007, 159, 148
sharia marriage, presumed legal at the time but not - ceremony declared valid and not void (case) - 2012, 169, 280
sharia (not civil) marriage and divorce: property given cannot be reclaimed in civil court (case) - 2010, 164, 110
social changes (eg acquired gender) impacting church practice - 2004, 152, 8
sociological and psychological changes in marital relations - 1991, 110/111, 55
spouse of Islamic (not civil) marriage cannot claim flat tenancy as 'surviving spouse' (case) - 2014, 173, 230
telephone marriage between mentally incapable man in UK and girl in Bangladesh: marriage valid in Sharia and Bangladeshi law, not in UK law (case) - 2008, 161, 135
telephone marriage with Pakistan resident (possibly registered there) can't be declared null here, seek remedy in Pakistan (case) - 2011, 167, 114
types of law regulating marriage: natural, divine and civil - 2019, 183, 134
unconsummated marriage (due to one being gay) is still valid (case) - 2018, 180, 148
underage sexual intercourse & marriage, English & Turkish law on - 1996, 128/129, 41
widowed parents allowance (but not bereavement payment) allowed to unmarried bereaved parent so children benefit (case) - 2018, 181, 244
women and their position in - 1971, 32, 76
breakdown
children, effects on, and divorce reform - 1994, 122/123, 107
dispute resolution in family breakdown: research / reform needed into legal, quasi-legal & non-legal means - 2016, 177, 181
effects on the economy and welfare state - 1993, 118/119, 111
examination of the causes of - 1973, 41, 150
proposals to make reconciliation easier during divorce process - 1996, 128/129, 3
sharia council process to deal with marriage breakdown - 2016, 177, 181
sociological perspectives from Kramer v. Kramer (a film) - 1980, 64/65, 42
Canon Law
1983 Code and historical antecedents - 1986, 88/89, 9
Canon 1014 and nullity -1968, 21, 146
Canon 1682 & importance of Second Instance Tribunals - 2010, 165, 117
courts and procedure - 1968, 20, 84
lay attorneys in tribunals - 1968, 21, 140
marriage in Eastern & Western Canon Law (in the First Millennium) - 2006, 157, 7
matrimonial tribunals -1970, 28, 163
procedure of marriage tribunals - 1968, 21, 132
regulation of marriage in canon and state law (different for Catholics and non-Catholics) - 2012, 168, 44
religious tribunals expect civil divorce, if applicable, before religious termination - 2016, 177, 181
form
Catholic marriages, historical review of - 1979, 62/63, 85
civil and religious ceremonies, conflicts where latter have not occurred - 1972, 37, 153
history of their development - 1969, 25, 144
legal formalities to be observed - 1988, 96/97, 34
new unified law in Tanzania - 1970, 26, 3
plurality of styles of ceremony - 1971, 32, 70
solemnization rites - 1973, 41, 118
historical antecedents
conubium, basis and nature of in Roman times - 1980, 66/67, 77
early history in England - 1971, 32, 76
in the Middle Ages - 1975, 46/47, 7
Roman law - 1977, 52/53 9
mixed marriages
Canon Law on - 1970, 28, 163
the new Instruction - 1967, 16, 84
nullity
annulment, realities of unqualified staff & fallible witnesses - 2010, 165, 117
annulment, the process, legal safeguards & need for Second Instance Tribunals - 2010, 165, 117
civil and canon law comparisons - 1970, 26, 27
decree granted for wilful refusal to consummate - 1980, 66/67, 88
grounds and bars under Nullity of Marriage Act 1971 - 1972, 34, 21
learning disabled woman contracted arranged marriage in Bangladesh, courts rules it invalid & nullity should be declared (case) - 2012, 169, 294
polygamy and void and voidable marriages - 1972, 37, 123
polygamy
African and English trends and 'parallel' law - 1968, 18, 33
matrimonial relief - 1972, 37, 123
status and recognition of - 1971, 33, 121
theology
developments post Roman times - 1980, 66/67, 77
limitations of Church's teachings on - 1973, 41, 150
Pauline teachings - 1977, 52/53, 24
St Paul on pastoral questions of marriage, divorce & remarriage, analysis of - 2015, 174, 35
Austria
opposite sex couple denied civil partnership had no rights violated (ECHR) - 2018,180, 137
same sex marriage: EU states not obliged to implement this or, if they do, make it correspond to marriage in every way (case) - 2010, 165, 233
Bermuda
same-sex marriage: ban on this is not discrimination on human rights grounds or against the Constitution (case) - 2022, 189, 190
Bulgaria
lesbian couple married in England; Bulgarian refusal to recognise relationship violates Article 8 (ECHR) - 2023, 191, 195
Cayman Islands
same-sex marriage not a right laid down in constitution (only civil partnership); other legislation could recognise it later (case) - 2022, 189, 195
Finland
transsexual can't have I.D. number changed to female unless his wife agrees to divorce as same-sex marriage unlawful (ECHR rules in favour of state) - 2013, 170, 122; Appeal upholds state refusal - 2014, 173, 224
France
same-sex couple unable to marry legally, not discrimination since states free to decide on this matter (ECHR) - 2016, 177, 210
same-sex marriage, State not obliged to allow, or if does, can decide what status this confers (ECHR) - 2012, 168, 123
Germany
Lutheran reforms: marriage no longer a sacrament so subject to civil laws; celibacy discouraged - 2017, 178, 6
Lutheran views putting male as head of household & outlawing monasticism put a premium on marriage as only option; equality struggles in Protestant communities - 2017, 178, 6
Italy
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
marriage reform: notes between the Republic and the Holy See - 1972, 36, 93
reform of the Civil Code - 1972, 36, 93
same-sex marriages contracted abroad not recognised in Italy; Article 8 violated but civil union status would suffice (ECHR) - 2018, 180, 126
Latin America
civil effects of religious marriage in Latin America - 2009, 162, 62
Northern Ireland
blanket ban on joint adoption by unmarried couples is unlawful (case) - 2008, 161, 134
humanist celebrant can't be prohibited from solemnising a marriage (would breach Articles 9 & 14); can use existing legislation to allow this (case) - 2018, 180, 145; resolved as already permitted under existing legislation (NICA) - 2018, 181, 252
non-recognition of subsisting same-sex marriage does not violate human rights (case) - 2018, 180, 139; on appeal, there was discrimination (but was legitimate then), now subsequent legislation has remedied so appeal dismissed - 2020, 184, 95
same sex couple's rights are not breached by Assembly's refusal to legislate for same sex marriage as some legal recognition did exist (case) - 2017, 179, 229; on appeal, there was discrimination but remedied by subsequent legislation - 2020, 184, 95
Republic of Ireland
polygamous marriage conducted elsewhere not recognised but may entail rights and obligations (case) - 2017, 179, 233
Romania
same-sex marriage: lack of any legal form of recognition of relationship violates Article 8 (ECHR) - 2023, 191, 190
Russia
same sex couples not allowed to marry to protect traditional family values; ECHR rules Article 8 violated (ECHR) - 2021, 187, 171; Grand Chamber rules State required to provide legal framework (not necessarily marriage) (ECHR) - 2023, 190, 95
Scotland
calls for same-sex (& perhaps religious) marriage as opposed to civil partnerships - 2009, 163, 166
Kilbrandon Committee report - 1969, 25, 178
Marriage Draft Bill: opt-in for religious bodies; new humanist celebrations - 2013, 170, 96
meaning and solemnisation of - 1977, 52/53, 52
same-sex: Church of Scotland Act to forbid conducting these marriages, rejected by presbyteries - 2012, 169, 157
Spain
surviving spouse of Roma (non-civil) marriage is entitled to survivors pension - 2010, 165, 232
Wales
Church in Wales disestablished for ecclesiastical law but not common law; leaving obligations for marriages & burials with no capacity to amend - 2015, 174, 96
Church of England can change marriage law by simple Measures; Church in Wales needs Primary legislation - 2015, 174, 96
Wales and same-sex marriage legislation: bungled consultation but special provision if later want to allow such marriages - 2015, 174, 96
Welsh National Assembly can't legislate for marriage; discussion of full disestablishment for Church in Wales - 2015, 174, 96

Published by:

The Edmund Plowden Trust