Post by David MarshallPost by David MarshallOut of 275 GRO format marriage certificates I have obtained, dating
from 1838 to 1963, there is just one which only has a single witness
recorded (in 1882).
Was this legal? Does anyone else have an example?
David
I am pretty sure that only one witness to a wedding is not legal. A
soldier on active service can make a will without the required
formalities, but I have never heard of the same rule applying to marriages.
Did the other witness sign with a mark (a cross)?
No, it was just left blank.
It was a wedding in a parish church after banns and everything else is
just as would be expected.
David
According to the excellent book by Rebecca Probert, Marriage Law for
Genealogists (2012), failure to comply with the requirement for the
marriage registration to be attested by two witnesses was not one of the
matters stated (in the Marriage Acts 1753 and 1836) to make the marriage
void. Therefore the marriage was valid (see pages 82, 88 and 92 of that
book).
However, if what you have is a certificate provided by the GRO, remember
that this is a copy of the copy sent by the Vicar to the Superintendant
Registrar. Mistakes can happen. It would be worth checking the parish
register to see whether a second witness appears there.
--
Chris Pitt Lewis
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