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 ?
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Thread: idle thought
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13-05-2019, 5:06 AM #1
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idle thought
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13-05-2019, 7:29 AM #2
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 questionSadly, our dear friend Ann (alias Ladkyis) passed away on Thursday, 26th. December, 2019.
Footprints on the sands of time
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13-05-2019, 7:48 AM #3
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I'm probably just pedantically quibbling the sequence of events, I'd like the register signed followed by the pronouncement of the union !
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13-05-2019, 7:55 AM #4
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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"
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13-05-2019, 8:23 PM #5
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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"
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14-05-2019, 6:05 AM #6
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
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14-05-2019, 8:03 AM #7
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14-05-2019, 5:53 PM #8
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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"
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14-05-2019, 7:23 PM #9
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14-05-2019, 7:39 PM #10
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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
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