Marriage Act, 1753 - Definition and Overview

For other marriage-related legislation, see Marriage Act

In England and Wales, the Marriage Act 1753, also called Lord Hardwicke's Marriage Act, required a formal ceremony of marriage, therefore abolishing common-law marriage. The act required that if both parties to a marriage were not at least 21 years old, then consent to the marriage had to be given by the parents.

When the act was passed, it required, under pain of nullity, that banns should be published according to the rubric, or a licence obtained, and that, in either case, the marriage should be solemnized in church; and that in the case of minors, marriage by licence must be by the consent of parent or guardian.

This act had the effect of putting a stop to clandestine marriages, e.g. the Fleet Marriages associated with Fleet Prison. Henceforth couples had to fare to Gretna Green, in Scotland and thus outside the jurisdiction of English law.

See also

• UK topics