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. 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.
Read more about this topic: Marriage Act 1753
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