Genealogy Chat

I have an official record of 2 irregular marriages in March 1940 by declaration under Warrants of the Sheriff Substitute of Lanarkshire. Yet I understood that such marriages were no longer legal w.e.f. 01/01/1939. Can anyone shed any light on this?

An internet search brought up the following link. Although they were discussing an Irregular marriage in 1933, one of the posts might cover your circumstances

http://tiny.cc/a6cz8x

"As you can imagine, as time went on this was a far from satisfactory
state of affairs for people who didn't want to go through a religious
form of marriage. But it took until July 1940 for the Law to catch up
with practice!"

I think "it took until July 1940 for the practice to catch up with the Law" would be more appropriate. By my reading the law had been enacted and therefore the 2 marriages I mentioned were invalid. Likewise the Sheriff Substitute acted illegally in granting the Warrants for these 'marriages' to take place.

Just to clarify, a "Marriage by declaration" involved the Bride & groom making vows before 2 witnesses, with no celebrant.

The forms of irregular marriage that ended in 1939 could be registered afterwards, even decades after, without affecting the validity of the marriage. If you read the act, you'll see this possibility was explicitly allowed.

Actually, not all forms of irregular marriage were ended in 1939 - marriage by cohabitation with habit and repute only ended in 2006. (The bill received royal assent 20/1/2006 - I think it became effective 4/5/2006 - it, too, had a saving provision for marrs already valid.)
http://www.legislation.gov.uk/asp/2006/2/pdfs/asp_20060002_en.pdf

For info

http://www.genesreunited.co.uk/boards/board/genealogy_chat/thread/1357718

As the marriages took place during the war, is it not more likely that a "special licence" had been applied for? If the groom was about to be posted the couple may not have been able to give the required notice of their intention to marry. Even as late as the 1970s a registry office marriage required notice of the marriage to be posted in the office prior to the event.

Thanks for your contributions.

Mgnv - I have some difficulty in reconciling the phrases "The forms of marriage which ENDED in 1939" and "could be registered afterwards". Either they ended (in law) or they didn't ! However, I've since discovered that the abolition of marriages by declaration was only effected from 01/07/1940 under the 1939 Act which solves my original dilemma.

As you indicated the ONLY form of irregular marriage which remained legal after this time and until 2006 was "by co-habitation and repute". Therefore, I doubt if the other forms of irregular marriage could be registered decades after 1939 (or 1941).

Rootgatherer - the provision of a special licence due to active service only dispensed with the usual notice period and did not legitimise otherwise illegal forms of marriage.

Hugh - lack of registration does not invalidate a valid marriage. Registration, and the event that's being registered are two different things.

Indeed, mgnv, but the "marriage" itself not complying with the law is a different matter (registered or not).

Have you thought of asking Scotlandspeople/the Scottish Archives? They might say that although technically illegal, it did happen and was accepted as a legal marriage.