Re OT Common Law Marriages Re OT Common Law Marriages by ramhood3


									                                    Re: OT: Common Law Marriages

Re: OT: Common Law Marriages


      • From: chornedsnorkack@xxxxxxxxxxxx
      • Date: 19 Jun 2006 08:47:38 −0700

Don Aitken wrote:

       On 18 Jun 2006 01:02:51 −0700, "Hovite" <paulvheath@xxxxxxxxx> wrote:

               ajo wrote:

                       I know this is off topic, but with all the discussion about the
                       legalities of common law marriages, I thought I would ask
                       about this.

                       Recently, a court in Colorado ruled that a 15 year old girl
                       legally enter into a common law marriage, on the basis that
                       common law permitted marriage for girls at age 12 and boys
                       at age 14.
                       Apparently the State of Colorado recognizes English
                       common law.
                       Otherwise, Colorado State law sets the minimum legal age
                       for a
                       ceremonial marriage at 18, or 16 with approval from a parent
                       or judge.
                       Would it be possible for a 12 year old girl and/or a 14 year
                       old boy to
                       marry according to common law in Britain today? What I
                       seem to
                       understand from the Charles/Camilla thread is that more
                       legislation has abolished common law marriage. Is that
                       correct? Does
                       anyone know of any other, non−British judicial systems that
                       English common

               Common law marriage was abolished in England by the Marriage Act 1753,
               before when any couple living together as husband and wife were husband

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                                   Re: OT: Common Law Marriages
               and wife.

       The words "common law marriage" should serve as a warning sign; the
       person using them almost certainly has no idea what they are supposed
       to mean. In fact, as far as England is concerned at least, they mean
       nothing; there is not and never was any such thing as a common law

       What did once exist is contract marriage, or marriage by exchange of
       vows in the presence of witnesses. The English common−law courts never
       recognised such marriages, although the ecclesiatical courts did.
       Contract marriage had effectively gone out of use well before
       Hardwicke's Act, which was aimed at the different problem of
       *clandestine* marriages conducted by a clergyman.

               This possibly means that Catherine of France (widow of Henry
               V) was legally married to Owen Tudor, even though they didn't bother
               with a church service.


       Which deals only with the situation in the US. The idea that the US
       common−law marriage somehow derives from "medieval England" is a myth.

               English law does not apply to Scotland, which seems to still recognize
               marriage by habit and repute.


       There were once a wide range of ways of finding yourself married in
       Scotland, and contract marriages were unquestionably valid there. This
       changed with the Marriage (Scotland) Act 1939, which abolished all
       forms of "irregular" marriage except marriage by habit and repute.
       This requires that the couple "hold themselves out" as married, and
       are generally believed to be so by their neighbours; the threshold of
       proof is high, and applications for recognition are now rare.

How many times did Henry VIII and Anne Boleyn purport to marry? They
are said to have married as early as November 1532, with no witnesses
at all... then in secret with Cranmer... etc.

They eventually did not marry, for reasons unknown.

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                                     Re: OT: Common Law Marriages
And exactly how did Edward IV and Elizabeth Woodville purport to marry?
In the end, they did not, because Edward was already married.

Given that Lord Hardwicke´s Act explicitly does not apply to royal
family (and implicitly does not apply to Sovereign), can sovereigns
contract valid irregular marriages now or in future if the manner of
marrying would have been legal for Edward IV but for bigamy?


Re: OT: Common Law Marriages                                              3

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