Page 1 of 3 123 LastLast
Results 1 to 10 of 22

Thread: idle thought

  1. #1
    Famous for offering help & advice
    Join Date
    Aug 2016
    Location
    East Sussex
    Posts
    1,246

    Default idle thought

    too much time on my hands

    when a bride signs the marriage register she has already been pronounced wife of Mr X - so why does she sign with her maiden name ?

  2. #2

    Default

    How about this. The certificate is the legal document certifying the marriage between Mr X and Miss/Mrs Y. There's no law, I don't think, that says she has to call herself Mrs X. she can retain her present name after the marriage and the name written in the space for spouse is the name she came in the door with so signing with that name is right.
    I intend asking a friend who was a legal beagle in his other life. He might know how to find the legal answer.

    this is an interesting question
    Sadly, our dear friend Ann (alias Ladkyis) passed away on Thursday, 26th. December, 2019.
    Footprints on the sands of time

  3. #3
    Famous for offering help & advice
    Join Date
    Aug 2016
    Location
    East Sussex
    Posts
    1,246

    Default

    I'm probably just pedantically quibbling the sequence of events, I'd like the register signed followed by the pronouncement of the union !

  4. #4

    Default

    Hardwicke's 1754 "An Act for the better preventing of clandestine marriages" includes an example layout of the new licence. It specifies how "... A.B. of this Parish and C.D. of this Parish were married ..." and goes on to say " … This marriage was solemnized between us A.B. and C.D** …" and in the margin specifies "and signed by the Minister, Parties and Witnesses".

    So, from the start officiating Ministers might well have followed that format to the letter.


    ** the space for C.D's signature appears immediately below the space for A.B's signature.

    Need to check subsequent marriage Acts.
    "dyfal donc a dyr y garreg"

  5. #5

    Default

    Wimsey,
    If you have access to online newspapers (BNA/FMP) the Scots Magazine 3 Sep 1753 carried an abstract of the "clandestine marriage" bill and printed the proposed licence format - duly completed showing the marriage of "A.B" to "C.D."
    "dyfal donc a dyr y garreg"

  6. #6
    Famous for offering help & advice peter nicholl's Avatar
    Join Date
    Oct 2004
    Location
    Somerset
    Posts
    1,029

    Default

    Perhaps in Civil Law the bride is not married until the couple sign the Register, even though the bride and groom have gone through the Church service.
    Peter Nicholl
    Researching:Nicholl,Boater, Haselgrove & Vaughan

  7. #7
    Valued member of Brit-Gen emmteeyess's Avatar
    Join Date
    May 2009
    Location
    Sunderland
    Posts
    276

    Default

    Quote Originally Posted by helachau View Post
    " … This marriage was solemnized between us A.B. and C.D** …" and in the margin specifies "and signed by the Minister, Parties and Witnesses".
    Perhaps by convention - because they came to the marriage ceremony as A.B. and C.D. so they must sign as A.B. and C.D. to say they got married. The people that 'got married' were not A.B. and C.B.

    Or perhaps we're overthinking it - good question tho!

  8. #8

    Default

    I drew attention to the 1754 Act. Have you looked at the format of the 1837 licence? ie. "This marriage was solemnized between us …." So, who are "us"?
    "dyfal donc a dyr y garreg"

  9. #9
    Famous for offering help & advice
    Join Date
    Aug 2016
    Location
    East Sussex
    Posts
    1,246

    Default

    Quote Originally Posted by Ladkyis View Post
    How about this. The certificate is the legal document certifying the marriage between Mr X and Miss/Mrs Y. There's no law, I don't think, that says she has to call herself Mrs X. she can retain her present name after the marriage and the name written in the space for spouse is the name she came in the door with so signing with that name is right.
    yes, I take that point. Why sign yourself as Mrs Bloggs if you have no intention of ever calling yourself Mrs Bloggs.

    On reflection, I think I was guilty of some extremely out-of-date chauvinism/sexism in my original question.

  10. #10
    Knowledgeable and helpful
    Join Date
    Jan 2010
    Location
    Wakefield, West Yorkshire
    Posts
    626

    Default

    Quote Originally Posted by wimsey View Post
    too much time on my hands

    when a bride signs the marriage register she has already been pronounced wife of Mr X - so why does she sign with her maiden name ?
    The answer is very simple.
    Under the law of England and Wales a person's name is the name they use, if the person has not made the decision to change their name a marriage does not change their name.

    There is only one way to change ones name in England and Wales and that is by using the new name, everything else (including ‘Deed Poll’) is only evidence that a change of name has been undertaken.

    Before the marriage takes place there are a number of questions that have to be asked one of which is “What is the name by which you are known and have you been known by any other name?”
    In view of this many brides and indeed clergy and even registrars imagine that the new bride must then sign with the name(s) given but that is not so as the law allows a person to change their name at will and it is an accepted custom for a woman to change her surname on marriage.

    Cheers
    Guy
    As we have gained from the past, we owe the future a debt, which we pay by sharing today.

Page 1 of 3 123 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Select a file: