The ambiguity of ‘civil’ marriage in Victorian England and Wales

New article by Rebecca Probert on the ambiguity of ‘civil’ marriage in Victorian England and Wales

The Journal of Legal History has published a special issue on the topic of marital law: A Sacred Covenant? Historic, Legal and Cultural Perspectives on the Development of Marital Law. Within this, Rebecca Probert’s article ‘Secular or Sacred? The Ambiguity of ‘Civil’ Marriage in the Marriage Act 1836’ shows how the ambiguity at the heart of the 1836 Act – and of current marriage law – had its roots in the campaign for reform that preceded the Act. It also shows the flexibility of the legal framework in its initial years, and how such flexibility was lost.