Cecily Zamora
The idea of marrying one's sister-in-law has been a topic of debate for many years. In the United Kingdom, the Deceased Wife's Sister's Marriage Act 1907 allowed a man to marry his deceased wife's sister, which was forbidden before this Act. This was a response to World War One deaths, aiming to encourage remarriage, reduce war widows' pensions, and increase the birth rate. The Act was repealed in 1949 in England and Wales and in 1960 in Scotland.
Can I marry my widowed sister-in-law?
| Characteristics | Values |
|---|---|
| Location | Northern Ireland |
| Law | Deceased Brother's Widow's Marriage Act (Northern Ireland) 1924 |
| Previous Law | Deceased Wife's Sister's Marriage Act 1907 |
| Previous Prohibition Derived From | Canon law |
| Reason for Previous Prohibition | Those who were connected by marriage were regarded as being related, making marriage between them improper |
| Reason for Law Change | First World War deaths, to encourage remarriages, reduce war widows' pensions, and increase the birth rate |
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What You'll Learn
The Deceased Wife's Sister's Marriage Act 1907
The campaign to change the law began in the 1860s, and despite several attempts to introduce draft legislation in Parliament, it was nearly 50 years before the campaign was successful. The issue was referenced in the Gilbert and Sullivan opera 'Iolanthe' in 1882, and in Thomas Hardy's novel 'Tess of the d'Urbervilles' in 1891, where the protagonist suggests her husband marry her younger sister after her death. The law was also a main point in several other novels, including Felicia Skene's 'The Inheritance of Evil' in 1849, which opposed the change, and Dinah Craik's 'Hannah' in 1871, which supported it.
The 1907 Act was a response to the First World War, aiming to encourage remarriage, reduce war widows' pensions, and increase the birth rate. However, in 1925, section 3 of the Act was repealed by the Supreme Court of Judicature (Consolidation) Act. The Act was further amended and repealed in the following decades, with the Marriage Act 1949 consolidating and replacing the 1907, 1921, and 1931 Acts in England and Wales.
It is worth noting that, even before the 1907 Act, marriages between a widower and his late wife's sister were recognised in the United Kingdom if they occurred abroad in a jurisdiction where such marriages were lawful.
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The taboo of a married couple being one flesh
The taboo of a married couple being "one flesh" is a concept that is deeply rooted in religion, specifically Christianity. The term "one flesh" originates from the biblical account of the creation of Eve from Adam's rib in Genesis. It symbolizes the union of a married couple, where they become emotionally, spiritually, intellectually, physically, and financially inseparable. This concept of "one flesh" is not limited to Christianity, as other cultures and religions may have similar notions of the spiritual and physical unity between spouses.
In the context of your question about marrying your widowed sister-in-law, the taboo of a married couple being "one flesh" was historically reflected in the legal prohibition against such marriages. The idea that a man could marry his deceased wife's sister was forbidden due to the doctrine of canon law, which considered individuals connected by marriage as being related, thereby prohibiting marriage between them. This prohibition was in place to prevent incest and maintain a degree of kinship separation.
The Deceased Wife's Sister's Marriage Act of 1907 in the United Kingdom challenged this taboo and legalized such marriages. This change in law was influenced by campaigns and cultural shifts, such as the impact of the First World War, which encouraged remarriages and aimed to reduce war widows' pensions. However, it is important to note that the taboo surrounding "one flesh" in the context of marriage may still exist in certain cultures, societies, or religious groups, and it is always essential to respect the beliefs and values of others.
The concept of "one flesh" in a marriage extends beyond legal and religious boundaries. It represents a profound emotional and spiritual connection between spouses, where their lives, joys, sorrows, hopes, fears, successes, and failures are shared and intertwined. This unity is often described as a sacred bond, and its dissolution through divorce or death can be emotionally painful, akin to ripping apart one's own flesh.
In conclusion, the taboo of a married couple being "one flesh" is a multifaceted concept that encompasses religious, legal, and emotional aspects. While societal norms and legal frameworks surrounding marriage may evolve, the spiritual and emotional depth of the "one flesh" union remains a cornerstone of many marriages, shaping how spouses relate to each other and perceive their union.
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The Church of England's prohibited degrees
- The first prohibited degree of consanguinity is a parent-child relationship.
- The second degree would be a sibling relationship.
- The third degree would be an uncle/aunt with a niece/nephew relationship.
- The fourth degree is between first cousins.
Any prospective marriage partner with a blood relationship outside these prohibited degrees is considered acceptable. The Church of England's prohibited degrees are based on the doctrine of canon law, which states that those connected by marriage are regarded as being related, making marriage between them improper.
The Fourth Lateran Council of 1215 initially decreed seven prohibited degrees, but this was changed to four in the 1949 Marriage Act, which is still in effect in England and Wales. The 1949 Act was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986, which removed affinity relationships from the list of prohibited degrees.
In the centuries before the Reformation, the Church of England, which considers 597 as the start of its formal history, experienced periods of advancement and decline. The early church in England was a fusion of British, Celtic, and Roman influences. The Church of England has traditionally valued and preserved the traditional framework of medieval Roman Catholicism in church government, liturgy, and customs, while also upholding the fundamentals of Reformation faith.
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The Marriage Act 1949
The 1907 Act was a response to the lengthy campaign for a change in the law, which had been the subject of several novels and an opera. The 1907 Act was amended in 1921 by the Deceased Brother's Widow's Marriage Act, which allowed widows to marry their deceased husband's brother. This was partly a response to the First World War, aiming to encourage remarriage, reduce war widows' pensions, and increase the birth rate.
The 1949 Act also aligned the Church of England's prohibited degrees with civil law, rendering section 4 of the 1907 Act moot. This alignment meant that marriages with a relative of a former spouse who was divorced, rather than deceased, were permitted in Great Britain.
In summary, the Marriage Act 1949 repealed and consolidated previous acts, legalising marriage between a man and his late wife's sister, and a woman and her late husband's brother. It also permitted marriages with divorced relatives of former spouses.
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The Marriage (Enabling) Act 1960
The Act repealed previous legislation in Scotland, including the Marriage Acts from 1949 to 1958, and enabled a man to marry his former wife's relative without having to wait until his former spouse had died. The Marriage (Enabling) Act 1960 also applied to Great Britain, allowing a man to marry a relative of a former spouse who was divorced rather than deceased.
The legislation regarding marriage has evolved over time, with various Marriage Acts being enacted and repealed. The Marriage (Enabling) Act 1960 was subsequently repealed by the Marriage (Scotland) Act 1977.
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Frequently asked questions
In the United Kingdom, the Deceased Wife's Sister's Marriage Act 1907 allows a man to marry his dead wife's sister, which was forbidden before this act was passed.
Widowers' desires to marry their sisters-in-law became the subject of agitation from the 1860s, and it was nearly 50 years before the campaign for a change in the law was successful. The act was also a response to First World War deaths to encourage remarriage, reduce war widows' pensions, and increase the birth rate.
The prohibition on marrying a deceased wife's sister derived from a doctrine of canon law, which stated that those connected by marriage were regarded as being related, making marriage between them improper.
The lengthy campaign for the act is referred to in the Gilbert and Sullivan opera Iolanthe (1882), and in Thomas Hardy's novel Tess of the d'Urbervilles (1891).
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