-
When did the Lateran Council establish banns?
1215
-
When did the Roman Church begin to require a priest to be present at a marriage?
1563
-
When was Lord Hardwicke's Act? What did it do?
1753 - tightened marriage rules: marriage required the publication of banns or purchase of a licence (parental consent for under 21s), two witnesses present, recording of marriage on public register, marriage had to be in a church.
-
When was civil marriage introduced?
1836
-
After what time would equity intervene if property was intended to be given to a wife independently?
15th c
-
After what time could trusts of property for wives be established?
16th c
-
After what time were wives allowed to save their own money in equity?
17th c
-
When was the first Married Women's Property Act? What did it do?
1870 - allowed the use to be used for earnings
-
When was the second Married Women's Property Act? What did it do?
1882 - made it possible for wives to hold and dispose of real and personal property
-
What were the two options for marriage breakdown under Canon law?
Judicial separation or annulment (the marriage was never valid)
-
What were the two ways that a marriage could be declared void?
Lack of capacity (already married, related, affinity, impotency) or lack of consent (duress, insanity, mistake, underage)
-
Who thought it would be fairly easy to find a reason for invalidity in the medieval period?
Maitland
-
Who found that hardly any people got divorced (annulled) in the medieval period?
Helmholz
-
How did Henry VIII get divorced? When was it?
1530s - he got the archbishop to declare the marriages void.
-
After what time was full divorce allowed in Scotland?
1563
-
When did divorce by statute begin and who was the first?
Lord Roos in 1670
-
What did men and women have to show to get a divorce by statute?
- Men - adultery
- Women - adultery plus an aggravating factor
-
Case - poor man convicted of bigamy after wife deserted him, judge told him he should have got a divorce through Act of Parliament
R v Hall 1845
-
Who was an important campaigner for divorce reform in the 19th c, particularly against the inequality between men and women?
Dr Stephen Lushington
-
When was the Marriage and Divorce Bill? What did it do?
1857 - the law stayed the same but a new court was created (the Court for Divorce and Matrimonial Causes)
-
Who said that divorce was getting more common before 1857, so the law had to keep up?
Woodhouse
-
Who said that divorce was intentionally hard even after 1857, because the government didn't want it to seem like an easy option?
Woodhouse
-
How was divorce by consent effectively created after 1857?
Adultery would be claimed without any proof
-
Case - man got divorced in Scotland, then remarried in England and was convicted of bigamy. Confirmed that Scottish divorces were not effective in England.
Lolly 1811 (Leneman article)
-
Article - the Scottish courts didn't really accept that they had jurisdiction to divorce English couples, but the court of appeal would generally allow it
Leneman
-
Article - Lord Hardwicke's Act 1753 didn't really change the marriage requirements, it just formalised the existing Canon requirements.
Probert
-
What did Probert say about marriage with words of present intention pre-1753?
They were hard to enforce (prove) and didn't give proprietary marital rights
-
How were banns used to avoid getting parental consent after 1753?
Probert - the couple could publish banns in a different parish so their parents wouldn't find out about the marriage
|
|