The Judicial Interpretation of Lord Hardwicke's Act 1753

Abstract

Abstract It has been claimed that the courts interpreted Lord Hardwicke's Act strictly and that any deviation from the form prescribed by the statute rendered the marriage void. A closer examination of the cases reveals that the courts in fact took a more purposive approach. There was a strong presumption in favour of marriage. Where the marriage was one that had subsisted for a long time, the courts’ approach made it difficult to prove non-compliance with the terms of the Act. Where the parties had married without parental consent, a stricter approach was taken, reflecting the aim of preventing clandestine marriages.