The historical background to the Marriage (Wales) Act 2010

• Autores: Nicholas Roberts
• Localización: Ecclesiastical law journal, ISSN 0956-618X, Vol. 13, Nº. 1, 2011, págs. 39-56
• Idioma: inglés
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• Resumen

  • The Marriage (Wales) Act 2010 illustrates that a disestablished church will always occupy an intermediate position between an established church and one which has never been established: the Church in Wales needed an Act to reform its marriage law, whereas paradoxically the Church of England legislated for itself by Measure. The article outlines how the provisions on marriage evolved during the passage of the disestablishment legislation; accepts the validity of contemporaneous arguments based on inconsistency; and outlines previous occasions when the marriage laws of England and of Wales have fallen out of step. It concludes by accepting that the continued establishment of the marriage law in Wales is inconsistent, but that any change is likely to depend on a wholesale reform of marriage law.