Marriage Act 1753
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| Citation | 26 Geo. II. c. 33 |
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| Dates | |
| Royal assent | 1754 |
| Commencement | 25 March 1754 |
| Other legislation | |
| Repealed by | Marriage Act 1823 (c.76), section 1 |
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Status: Repealed
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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.
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. 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.
The Act tightened the existing ecclesiastical rules regarding marriage, providing that for a marriage to be valid it had to be performed in a church and after the publication of banns or the obtaining of a licence. Those under the age of 21 had to have parental consent if they married by licence; marriages by banns, by contrast, were valid as long as the parent of the minor did not actually forbid the banns. Jews and Quakers were exempted from its provisions, although the Act did not go so far as to declare such marriages valid and it was many years before their legal standing was assured. Nor did the Act apply to members of the British Royal Family. Indeed, members of the Royal Family have been consistently exempted from all general legislation relating to marriage since this date, which is why doubts were expressed in 2005 about the ability of Prince Charles to marry Camilla Parker-Bowles in a civil ceremony, civil marriage being the creation of statute law. It was also provided that the 1753 Act had no application to marriages celebrated overseas or in Scotland.
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