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This book has three key aims: first, to show how the legal treatment of cohabiting couples has changed over the past four centuries, from punishment as fornicators in the seventeenth century to eventual acceptance as family in the late twentieth; second, to chart how the language used to refer to cohabitation has changed over time and how different terms influenced policy debates and public perceptions; and, third, to estimate the extent of cohabitation in earlier centuries. To achieve this it draws on hundreds of reported and unreported cases as well as legislation, policy papers and debates in Parliament; thousands of newspaper reports and magazine articles; and innovative cohort studies that provide new and more reliable evidence as to the incidence (or rather the rarity) of cohabitation in eighteenth- and nineteenth-century England. It concludes with a consideration of the relationship between legal regulation and social trends.
Unmarried couples --- Fornication --- Cohabitation --- Domestic partners --- Living together --- Couples --- Common law marriage --- Free love --- Illicit sexual intercourse --- Sex crimes --- Legal status, laws, etc. --- History. --- Social aspects --- Law --- General and Others --- Unmarried couples - Legal status, laws, etc. - England - History --- Fornication - England - History --- Unmarried couples - Social aspects - England --- Royaume-Uni
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This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
Marriage law --- Husband and wife --- Man and wife --- Matrimonial regime --- Spouses --- Wife and husband --- Domestic relations --- Women --- Desertion and non-support --- Married women --- Law, Marriage --- Marriage --- Sex and law --- History --- Law and legislation --- Legal status, laws, etc. --- Prohibited degrees --- 347.62 <41> "17" --- Huwelijksrecht. Huwelijksvoorwaarden. Huwelijksformaliteiten. Nietigheid, aanvechtbaarheid van het huwelijk. Rechten en plichten van echtgenoten--Geschiedenis van ...--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland--18e eeuw. Periode 1700-1799 --- Law --- General and Others --- History of the law --- Family law. Inheritance law --- United Kingdom
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The Marriage Act 1836 established the foundations of modern marriage law, allowing couples to marry in register offices and non-Anglican places of worship for the first time. Rebecca Probert draws on an exceptionally wide range of primary sources to provide the first detailed examination of marriage legislation, social practice, and their mutual interplay, from 1836 through to the unanticipated demands of the 2020 coronavirus pandemic. She analyses how and why the law has evolved, closely interrogating the parliamentary and societal debates behind legislation. She demonstrates how people have chosen to marry and how those choices have changed, and evaluates how far the law has been help or hindrance in enabling couples to marry in ways that reflect their beliefs, be they religious or secular. In an era of individual choice and multiculturalism, Tying the Knot sign posts possible ways in which future legislators might avoid the pitfalls of the past.
Marriage law --- Husband and wife --- History. --- Man and wife --- Matrimonial regime --- Spouses --- Wife and husband --- Domestic relations --- Women --- Desertion and non-support --- Married women --- Law, Marriage --- Marriage --- Sex and law --- Law and legislation --- Legal status, laws, etc. --- Prohibited degrees
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