Legal Definitions - Lord Lyndhurst's Act

Lord Lyndhurst's Act refers to a significant piece of British legislation passed in 1835, officially known as the Marriage Act 1835. This law, championed by Lord Lyndhurst, brought clarity and change to the legal status of marriages between individuals considered to be too closely related, either by blood (consanguinity) or by marriage (affinity).

Before this Act, marriages within prohibited degrees of relationship were generally considered "voidable." This meant they were valid unless challenged in an ecclesiastical court during the lifetime of both parties. If not challenged, they remained valid. Lord Lyndhurst's Act fundamentally altered this by declaring that all future marriages within these prohibited degrees, particularly those of affinity (relationships by marriage), would be "void" from the outset. A void marriage is legally invalid and is treated as if it never happened, without the need for a court to declare it so. The Act also confirmed that marriages within prohibited degrees of consanguinity were similarly void.

The most notable impact of the Act was on marriages between a man and his deceased wife's sister, which had previously been voidable but became absolutely void under this new law. The Act aimed to prevent legal uncertainty and the potential for children of such unions to be declared illegitimate after the parents' deaths.

• Example 1: Marriage to a Deceased Spouse's Sibling

  Imagine a scenario in 1840 where a widower, Mr. Davies, wishes to marry his late wife's sister, Ms. Evans. Prior to Lord Lyndhurst's Act, such a marriage might have been considered valid unless someone challenged it in court during their lifetimes. However, under Lord Lyndhurst's Act, their marriage would be automatically void. This means it would have no legal standing from the moment it occurred, regardless of whether anyone formally objected. They would not be considered legally married, and any children born from this union would be considered illegitimate under the law at that time.

• Example 2: Preventing Posthumous Challenges to Marriages

  Consider a couple, Mr. and Mrs. Thompson, who married in 1830. Mrs. Thompson was Mr. Thompson's aunt by marriage (his deceased mother's sister). At the time of their marriage, this union was "voidable." If they lived for many years and no one ever challenged their marriage in court, it would have been considered legally valid. Lord Lyndhurst's Act, passed in 1835, confirmed that any such voidable marriages that had occurred *before* the Act and had not been challenged were now legally valid and could not be challenged in the future. This provided legal certainty for existing unions, while simultaneously making any *new* marriages of this type void.

• Example 3: Marriages of Close Blood Relatives

  Suppose in 1850, a wealthy landowner, Mr. Blackwood, attempts to marry his niece, Ms. Eleanor. Even before Lord Lyndhurst's Act, marriages between such close blood relatives (consanguinity) were generally considered unlawful. However, the Act explicitly reinforced and clarified that such unions were not merely voidable but absolutely void. This meant that any ceremony they performed would be legally meaningless, and their relationship would not be recognized as a marriage by the state. The Act solidified the legal prohibition against incestuous marriages, ensuring they held no legal status whatsoever.