The Impact Of The Marriage Act Of 1753: Was It Really "A Most Cruel Law For The Fair Sex"?

Abstract

It has been argued that the Marriage Act of 1753, which put the law of marriage in England and Wales on a statutory basis, was a harsh measure that caused hardship to women, who were thereby deprived of the protection offered by the previous law. This essay challenges this view, showing that the formalities prescribed by the Act were hardly novel, and had been observed even when they were not essential to the validity of a marriage, while the protection afforded by the previous law was not as generous as has been claimed. It also argues that the courts adopted a purposive approach to the interpretation of the Act that softened its impact.