Banns of Marriage

It is not possible to enter here into the details of the law governing the ceremony, but in most cases the practice is to have notice of the marriage, the banns, published in church on three Sundays preceding the solemnization.

Where the parties do not live in the same parish, the banns must be called out in each parish. There is one point that should be observed, namely, that the religion of the parties affects not the legality of the marriage. For example, if A.B., a member of the Church of England, marry CD., a Roman Catholic, in a Wes-leyan chapel, the marriage is valid so long as the legal formalities are observed. If desired, all religious ceremony can be dispensed with, and by procuring a licence to marry and giving notice, parties can be married by the registrar in his office. Unless a special licence is taken out, marriages must be celebrated between 8 a.m. And 3 p.m. (Not applicable to Jewish marriages.)


UNDER the common law of England marriage was an unfaircontract because while giving a woman certain advantages it placed upon her very serious disabilities. Since the Married Womens Property Act, 1882, the position of wives is really better than that of unmarried women. Whereas formerly the husband was entitled to her personal property (i.e.., roughly, to everything except freehold or copyhold land), and to the income of lands of which she was a tenant, the wife is now as free a3 if she were a single woman to hold and dispose of all her property by making a will or by gift as she pleases.

She can make a contract to bind her separate property, can enter into a trade or business apart from her husband, and, if in so doing she incurs losses and is made bankrupt, no action can be brought against her husband. In the bankruptcy of a husband or wife neither spouse can claim any dividend until the other creditors be satisfied.

Pledging a Husbands Credit

The great obligation which the husband undertakes on marriage is the maintenance of his wife according to his means. This is his bounden duty and should he fail to perform it various remedies are open to the wife. Without seeking redress in the Courts she may pledge his credit for necessaries suitable to her station in life. Necessaries have been defined to include food, clothing, washing, medical expenses and rent. Even while the parties are living together she has this authority if he fails to support her, but, providing he makes her an adequate allowance, he can revoke the authority. If he leaves her or treats her so badly that she is justified in leaving him and no provision is made for her, this authority to pledge the husbands credit for necessaries cannot be revoked, for it is then regarded as an authority of necessity.

Sorry, comments are closed for this post.

Share On Facebook
Share On Twitter
Share On Google Plus