For other marriage-related legislation, see Marriage Act
In England and Wales, the Marriage Act 1753, also called Lord Hardwicke's Marriage Act, required a formal ceremony of marriage, therefore abolishing common-law marriage. The act required that if both parties to a marriage were not at least 21 years old, then consent to the marriage had to be given by the parents.
When the act was passed, it required, under pain of nullity, that banns should be published according to the rubric, or a licence obtained, and that, in either case, the marriage should be solemnized in church; and that in the case of minors, marriage by licence must be by the consent of parent or guardian.
This act had the effect of putting a stop to clandestine marriages, e.g. the Fleet Marriages associated with Fleet Prison. Henceforth couples had to fare to Gretna Green, in Scotland and thus outside the jurisdiction of English law.
Marriages under the age of seven years for both were void, but between seven and the age of consent the parties could contract an imperfect marriage, which was voidable but not necessarily void.
The marriage of parties who had attained the age of consent was valid even though they lacked parental consent, until in England the marriageact of 1753 declared such marriages void.
In England under the common law, the marriage of partners after the birth of children does not legitmate them, but in most of the American states and in European continental countries it is sought to encourage marriage by providing that illegitimate children may thus be legitimated.
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