Marriage Law in Colonial New South Wales: C. H. Currey Revisited

Abstract

<p>This article examines C. H. Currey's work on colonial marriage law, noting that reliance on this has led to widespread confusion as to the law of marriage in early colonial New South Wales (NSW). In particular, I challenge his notion that it was 'the generally accepted view' that the English Clandestine Marriages Act of 1753 (26 Geo. 2, c.33), known as Hardwicke's Act (in force 25 March 1754), applied in NSW. It clearly did not apply in the colony. Those concerned with the establishment of the colony of NSW understood that the colonists brought with them the law of England, or at least so much of the law of England as was applicable to the circumstances of the colonyThe evidence presented here indicates that everyone, from the Colonial Office in London, to the governors, lawyers, magistrates and clergymen of NSW, knew that Hardwicke's Act not apply.</p>