Matrimony - Law Dictionary Search Results
Home Dictionary Name: matrimony Page: 2Adultery
Adultery [ad. Lat., and alter, another person], anciently termed Advowtry (quasi ad alterius thorum). The sin of incontinence between two married persons, or it may be where only one of them is married, in which case it may be called single adultery to distinguish it from the other, which has sometimes been called double.By the (English) Matrimonial Causes Act, 1857, which created a Court for Divorce and Matrimonial Causes (superseding the Ecclesiastical Court) which would grant to the innocent party a divorce a mensa et thoro on the ground of the other's adultery, a husband could obtain a dissolution of his marriage (before that Act, only obtainable and not infrequently obtained by a private Act of Parliament) upon the ground of his wife's adultery, and a wife could obtain a judicial separation on the ground of her husband's adultery, or a dissolution of marriage on the ground of his adultery coupled with cruelty or desertion or bigamy, or of his incestuous adultery, provided there be...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
A mensa et thoro
A mensa et thoro. (From table and bed.) A term used to describe a partial divorce, in cases in which the marriage was just and lawful, but for some supervenient cause, such as the commission of adultery or cruelty by the husband or wife, it became improper or impossible for them to live together. This divorce was effected by sentence of the Ecclesiastical Court. It caused the separation of the husband and wife, but did not dissolve the marriage, so that neither of them could marry during the life of the other.A decree of judicial separation has been substituted for this kind of divorce by the Matrimonial Causes Act, 1857 (20 & 21 Vict., c. 85), s. 7, now repealed and replaced by the Judicature Act, 1925, s. 85. See MATRIMONIAL CAUSES; DIVORCE...
Marry
To unite in wedlock or matrimony to perform the ceremony of joining as a man and a woman for life to constitute a man and a woman husband and wife according to the laws or customs of the place...
Discovert
Not covert not within the bonds of matrimony unmarried applied either to a woman who has never married or to a widow...
Discovert
Discovert, a widow; a woman unmarried; one not within the bonds of matrimony...
Marriage
The act of marrying or the state of being married legal union of a man and a woman for life as husband and wife wedlock matrimony...
Married
Being in the state of matrimony having a spouse wedded as a married man or woman of one person...
Consensus, non concubitus, facit matrimonium
Consensus, non concubitus, facit matrimonium. Co. Litt. 323, (Consent, not cohabitation, constitutes marriage.)Consent in necessary to matrimony, and therefore person non compotes mentis, or a boy under 14 or a girl under 12, or a person under coercion (see Scott v. Sebright, (1886) 12 PD 21), cannot enter into this, or indeed any other contract. But see now Age of Marriage Act,1929 (19 & 20 Geo. 5, c. 36), which avoids any marriage of persons under 16, and see MARRIAGE....
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