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.
This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Most of our ancestors were wed only once, and after the death of a spouse did not remarry. Yet every family tree has individuals whose lives did not fit that pattern: a minority of the bereaved chose to take a second or even a third spouse, and with some marriages breaking down and divorce increasingly an option there were always bigamists and divorcees ready to find a new partner. In this follow-up to the bestselling Marriage Law for Genealogists, Rebecca Probert explains divorce, bigamy, bereavement and remarriage from the 1600s through to the late twentieth century. How long did marriages last? Was the loss of a spouse in middle age as common as we might assume? And for those who did lose a spouse, what factors influenced their choice to remarry or remain single? What signs hint that a marriage might have been bigamous, or that a divorce had been hushed up? How were marital breakdown, bigamy, and cohabitation linked at a time when relationships outside marriage were rare and unacceptable? From the evidential requirements of the divorce courts through to the testimonies of convicted bigamists, and from men who married their late wife's sister through to couples who went through more than one wedding ceremony together, this book examines law and social custom from every angle. Rebecca Probert is the leading authority on the history of marriage law and practice in England and Wales. She holds a chair in family law at the University of Warwick and regularly appears on TV and radio.
This book is for anyone interested in the history of marriage and cohabitation, whether historian, lawyer or general reader. It is written in an accessible style, while providing a radical reassessment of existing ideas about the popularity, legal treatment and perceptions of cohabitation between 1600 and 2010.
How should we interpret our ancestors' decisions to marry in a particular form or place, or at a particular time? Did their choices make them exceptional or normal for their day? Might their marriages have been bigamous, clandestine, or void? Or might they have conscientiously followed the rules set down by Church and State? Since its publication in 2012, Marriage Law for Genealogists has become the indispensable guide for everyone tracing the marriages of their English and Welsh ancestors between 1600 and the twentieth century. Based upon years of painstaking primary research and studies of thousands of couples, it explains clearly and concisely why, how, when and where people in past centuries married. Family historians just starting out will find advice on where 'missing' marriages are most likely to be found, while those who are already well advanced in tracing their family tree will be able to interpret their discoveries to better understand their ancestors' motivations. Rebecca Probert is Professor of Law at Warwick University and the leading authority on the history of the marriage laws of England and Wales, a subject on which she has written extensively.
This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.
This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In principle, couples getting married in England and Wales can choose to do so in a way that reflects their beliefs. In practice, the possibility of doing so varies considerably depending on the religious or non-religious beliefs they hold. To demonstrate this divergence, this book draws on the accounts of 170 individuals who had, or led, a wedding ceremony outside the legal framework. The authors examine what these ceremonies can tell us about how couples want to marry, and what aspects of the current law preclude them from doing so. This new evidence shows how the current law does not reflect social understandings of what makes a wedding meaningful. As recommended by the Law Commission, reform is urgently needed.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
This book brings a modern critical approach to bear on the broad range of subjects that used to constitute 'family law.' A key consideration in this collection is the way in which law itself is premised upon, constructing a particular image of the family. By bringing different areas of law together, Probert et al suggest it is possible to explore how differing ideas about 'the family' inform different areas of law. This approach allows Family Life and the Law to analyze the extent to which the law is consistent and/or inconsistent in its concept and treatment of the family across and within disciplines. The book is particularly timely in view of the passage of the Civil Partnership Act 2004, the implications of which reverberate throughout family law and allied disciplines, and the current reconsideration of the position of cohabiting couples.
The laws which govern the marriages of the British royal family have led to heartbreak, farce and confusion, and are unfit for the twenty-first century. In an era that values human rights and free choice, there is little certainty over questions as fundamental as the effect of marrying a Roman Catholic, or of marrying without the Queen's consent. Question marks still hang over the legal basis for royal civil marriage. Obscure acts of Parliament have threatened to render members of the royal family illegitimate and prevented others from following their hearts. Drawing on a wide range of sources including once-secret files in the UK's National Archives, The Rights & Wrongs of Royal Marriage recounts episodes from the eighteenth century right down to the present day that would not look out of place in Yes, Minister or The Mikado. Professor Rebecca Probert, the leading authority on the marriage law of England and Wales, is as characteristically clear when explaining the complexities of royal marriage law as she is in her other groundbreaking studies. Her prose is concise and elegant, and full of historical anecdotes that will have royalists and republicans alike laughing aloud and wide-eyed with astonishment.
In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them."--
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
With many couples separating each year, the question of how to determine the financial and property consequences of such separation has always been a problem area within family law. Should the principles be the same for married and cohabiting couples? Should the division of assets reflect the parties' own expectations or norms imposed by society? These are just two of the questions which the essays in this collection seek to explore. Recent cases in the House of Lords have seen willingness on the part of the judges to seek out empirical studies to inform their deliberations, but if the law is.
Brought up in the stately grandeur of Burghley House as heir to the earldom of Exeter, Henry Cecil seemed to have made a suitable match to the heiress of Hanbury Hall, but their marriage was to end in disaster when Emma eloped with Henry's friend, the local curate. Heartbroken, Henry turned his back on aristocratic life, taking up residence in a remote Shropshire village and marrying a farmer's daughter - without having obtained a divorce from his first wife.... The story of Henry Cecil's matrimonial entanglements became an overnight sensation in the 1790s, and even through into the twentieth century was still being told and retold in poetry, song, ballet and prose. 'A Noble Affair' untangles fact from fiction and explores the difficulties Henry faced in extricating himself with honour from the situation. Written by three scholars who have carried out extensive research into marriage, adultery, bigamy and divorce in eighteenth-century England, this new account illustrates just how limited the options once were for those who experienced marital breakdown, and discovers that in some respects Henry did indeed behave nobly.
Nutcases present the essential facts and key principles of the most important cases in clear straightforward language. This latest edition has been updated with the latest case law developments.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
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