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Marriage Act 1753
The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act (citation 26 Geo. II. c. 33), was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754. The Act was precipitated by a dispute about the validity of a Scottish marriage, although pressure to address the problem of clandestine marriage had been growing for some time.〔Probert, Rebecca, ''Marriage Law & Practice in the Long Eighteenth Century: A Reassessment'' (CUP, 2009) chapter 5〕
==Background==
Before the Act, the legal requirements for a valid marriage in England and Wales had been governed by the canon law of the Church of England. This had stipulated that banns should be called or a marriage licence obtained before a marriage could take place and that the marriage should be celebrated in the parish where at least one of the parties was resident.〔''Constitutions and canons ecclesiasticall, 1604''〕 However, these requirements were directory rather than mandatory and the absence of banns or a licence – or even the fact that the marriage was not celebrated in a church – did not render the marriage void. The only indispensable requirement was that the marriage be celebrated by an Anglican clergyman. The mistaken assumption that a simple exchange of consent would suffice is based on later conflations between the theological position that consent made a marriage and the actual practice of the church courts. Prior to the passage of the 1753 Act such an exchange only created a binding contract to marry rather than a legal marriage.〔Rebecca Probert, ''Marriage Law & Practice in the Long Eighteenth Century: A Reassessment'' chapter 2, (''(The Misunderstood Contract Per Verba de Praesenti )'').〕
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