Hyde v Hyde and Woodmansee (1866)

Key Points:

• Lord Penzance's Definition:

◦ The case is most famous for Lord Penzance's definition of marriage, which is frequently cited in legal contexts.

◦ He described marriage as the "voluntary union for life of one man and one woman, to the exclusion of all others.”

◦ This definition emphasised the Christian view of marriage at the time.

• Marriage as More Than a Contract:

◦ Lord Penzance stressed that marriage is not just a contract but an “Institution."

◦ While it creates mutual rights and obligations, as any contract does, it also confers a status that goes beyond mere contractual terms.

Impact and Analysis:

• Significance: This definition shaped legal understanding of marriage in common law jurisdictions, emphasising its permanence, exclusivity, and its nature as a fundamental institution rather than merely a private contract.

• Cultural Context: The emphasis on Christian values reflects the prevailing societal norms of the era, influencing marriage laws and practices for decades to come.