A uniform law of marriage? The 1868 Royal Commission reconsidered

Abstract

2018 marks the 150th anniversary of the Report of the Royal Commission on the Laws of Marriage and its attempt to create a single law of marriage that would apply to England, Wales, Scotland, and Ireland. Despite the conclusion of the Commission that such uniformity was highly desirable, and that it was ‘the duty of the State to make an earnest endeavour to overcome’ any barriers to achieving it, only limited reforms were enacted. Today, the differences between the laws of marriage in the United Kingdom and the now Republic of Ireland are greater than ever. In terms of the formalities required for a valid marriage, the law in England and Wales has remained structurally the same as it was 150 years ago while the laws of Scotland, Northern Ireland, and the Republic of Ireland have changed more radically. With demands for marriage reform in England and Wales gathering pace, and proponents of reform looking to other parts of Britain and Ireland for inspiration, it is enlightening to look back at what was proposed in 1868, and why it failed to become law.