Search Results
You are looking at 1 - 10 of 17 items for
- Author or Editor: Rebecca Probert x
Over the last 50 years, marriage in England and Wales has shifted from near-universality to being merely one option. A ‘marriage divide’ has emerged, with the likelihood of marriage being affected by education and income. While few of those marrying cite economic or legal factors as a motivation, the perceived need to attain a certain level of financial security may delay marriage for others, and minor financial incentives such as transferable tax allowances are unlikely to alter this. This article looks at the evidence of the marriage divide and considers whether government policies have the potential to influence people’s decision as to whether or not to marry.
This chapter explores the development of different categories of marriage: non, void and valid. It argues that it is crucial to understand the evolution of the concept of ‘non-marriage’ in order to appreciate its legal necessity today in light of the current state of the law. It also suggests that a correct understanding the evolution of this category of marriage will enable reform to minimise the likelihood of a wedding either resulting in a void marriage or no marriage at all. Finally, it proposes options for reform.
This introductory chapter focusses on the status of cohabitants and those in religious only marriages, the similarities in how they are treated by the law and the potential solutions that could be adopted. It shows that law reform is needed in the light of new and evolving relationship norms and the poor outcomes on relationship breakdown for all cohabiting couples, including those in religious-only marriages. It considers legal solutions which fall broadly within two categories: (1) amend wedding laws to facilitate simpler procedures for legal recognition thereby encouraging more couples to legally marry; and (2) extend family law rights available to all legally recognised couples to include those in cohabiting relationships.
This chapter sums up the state of debate in the field. It highlights the problems with the current law as discussed throughout the book and emphasises the need for major reform. It ends on an optimistic note by drawing attention to the current Law Commission project to design effective marriage laws.
This introductory chapter explains the aims of the book and its significance both to current policy debates and to broader global debates about the regulation of marriage. It then provides some context about weddings and beliefs (both religious and non-religious) in England and Wales today to show why the topic of belief in marriage is an important one despite the apparent decline in the number of religious weddings recorded as taking place. It describes the study that underpins the book. This was a Nuffield Foundation-funded qualitative research study that explored people’s reasons for going through non-legally binding wedding ceremonies and the role of those who conduct them. It involved 170 individuals who either had had at least one non-legally binding ceremony or had been involved in conducting such ceremonies. These ceremonies may have taken place instead of or in addition to a legal wedding. They included Bahá’í, Buddhist, Christian, Hindu, Humanist, interfaith, Jewish, Muslim, Pagan, Sikh, and Zoroastrian ceremonies as well as ones led by independent celebrants and friends or family members. The chapter concludes by setting out the structure of the book.
This chapter analyzes the three types of religious wedding that are explicitly mentioned in the Marriage Act 1949: Anglican, Quaker, and Jewish weddings. It explains why these three types of wedding are accorded special treatment and the legal requirements that apply to them. It also shows how formal recognition brings its own constraints. It discusses how Anglican clergy have a duty to conduct the marriages of any persons who qualify to be married in their parish, regardless of the individuals’ beliefs, unless specifically exempted from doing so. It then shows how Quaker and Jewish weddings must take place within a certain authority structure and conform to their usages; in addition, Jewish weddings are only available where both parties are Jewish. Finally, it shows how the special treatment of these weddings exists despite the differences in how they are celebrated: there is no common core that differentiates them from other forms of wedding and justifies their special treatment.
This chapter explains that the option of getting married in a registered place of worship was originally designed with Christian weddings in mind – specifically, the weddings of those Protestants who were classified as ‘Dissenters’ from the Anglican Church. It also shows how the legal framework established by the Marriage Act 1836 did not always work, even for Christian couples: those whose place of worship was not registered had to have a separate legal wedding in a register office or an Anglican church, and over the course of the 19th century, many Catholic couples complained about the prescribed words having to be repeated separately before a registrar. It concludes by drawing on the findings from the Nuffield Foundation-funded project to show how the prescribed words have largely been absorbed into Christian wedding ceremonies to the extent that they are no longer separately identifiable as the words prescribed by law. This encourages a sense that it is the Christian ceremony itself that is recognized by the law rather than such recognition resting on it being performed in accordance with the legal requirements.
This chapter shows how the option of getting married in a registered place of worship does not work well for Muslim, Hindu, Sikh, and Buddhist weddings. It explains the evolution of the law and how little thought was given to how to accommodate different religious traditions in earlier decades. It then sets out the key elements of wedding ceremonies within these different religious traditions and identifies the point at which those involved regard their marriage as coming into existence. It concludes by identifying the key constraints on Muslim, Hindu, Sikh, and Buddhist couples marrying in accordance with their beliefs: the limited number of registered places of worship, the difficulties in individuals becoming authorized and the intrusive role of the registrar, and the way in which the prescribed words are seen as an additional – and unwanted – civil ceremony.
This chapter examines the position of couples who do not share the same faith or belief. It identifies two groups: ‘different-faith’ couples, where the individuals hold different religious beliefs, and ‘unshared-faith’ couples, where one person holds specific religious beliefs and the other is atheist or agnostic, or describes themself as holding no beliefs. After providing some context about the history and extent of intermarriage in England and Wales, the chapter analyzes the ways in which the law limits, both directly and indirectly, how different-faith couples can marry. It also shows how the choices made by different-faith couples sought to convey that their respective faiths were equally valued. It then shows that similar choices are faced by those couples where one holds religious beliefs and the other does not: whether to marry in a civil wedding without explicitly religious content (and if so, whether to have an additional non-legally binding religious ceremony) or in a religious wedding whose content assumes beliefs that one of them does not share.
This chapter turns to the types of ceremonies for which the law in England and Wales makes no provision at present: outdoor Pagan ceremonies. While recent reforms allow couples to marry in the linked outdoor areas of approved premises, such weddings cannot be religious in nature. Similarly, while a building used as a place of worship by a Pagan group can be registered for weddings, most Pagan groups do not worship in dedicated buildings. The chapter provides an overview of the varied nature of Paganism and the number of its adherents in England and Wales. It shows how the desire to be married outdoors is not just about being outside a building but also about locations that hold particular significance for the couple in question. It also discusses the range of rituals that may be included in a Pagan ceremony and the importance that individuals attach to having a person who shares their spirituality conducting the ceremony.
