Irregular marriage - birth registration of children?

[Misha77]

Hello Rootschatters, I have read most of your information on irregular marriage with very great interest.  If marriage by consent and habit was technically legal until 1939 and beyond - where did it leave the registration of births.  If a couple were married but had not acclaimed by Sheriff's warrant or formal posting of banns - where did it leave the kids?  Would they still have been declared 'illegitimate'?

[RJ_Paton]

Although irregular marriages were accepted as a form of marriage I have seen examples where the children were recorded as "illegitimate" in the official records - it depends upon what the parents told the registrar. (they would simply have been asked where and when married not how etc)

[Misha77]

So - the part of the birth record that states the date and place of the parents marriage - they were not obliged to bring their marriage lines and prove it? - Or did it depend upon whether the registrar was a 'jobs worth' [I say it with respect]?

[jaybelnz]

My widowed great grandfather and his 2nd wife had an Irregular Marriage in 1914,  It was registered as such and I got the record from Scotland's People. Registration would take place by a declaration after the Marriage, before an Authority such as a Sherriff or Magistrate!  Although they had no children together, any children born from such a marriage were not considered to be illegitimate.

From The University of Glasgow

"Irregular marriages were frowned on by law and the churches, and couples who admitted to them were fined, but they had the same inheritance rights as regularly married couples, and their children were legitimate. Although the Church of Scotland did not approve of irregular marriages, it tolerated them because it feared that if the law did not recognize such relationships, the couple would end up 'living in sin.' The system was believed to protect women from unscrupulous men who might seduce them with promises of marriage or fake wedding ceremonies. After registration was introduced, an irregular marriage could be registered if the couple presented themselves before a sheriff or magistrate, were 'convicted' as parties to an irregular marriage, and paid a fine. Some found it quicker and cheaper to have their irregular marriage entered in the schedules by the registrar under sheriff's warrant than to go through the expense of banns and a regular marriage ceremony.

More here

http://www.gla.ac.uk/schools/socialpolitical/research/economicsocialhistory/historymedicine/scottishwayofbirthanddeath/marriage/

Jeanne

[Misha77]

Thank you very much for the information. 

[RJ_Paton]

So - the part of the birth record that states the date and place of the parents marriage - they were not obliged to bring their marriage lines and prove it? - Or did it depend upon whether the registrar was a 'jobs worth' [I say it with respect]?

There was no proof required even from the "jobsworths" - although in smaller areas its possible that the registrar may have some personal knowledge. In the eyes of the Law (in Scotland) it is the accuser who has to prove they are not married and not for the couple to prove they are.

Once a marriage in whatever form is recognised and accepted as a marriage in Scots Law this serves to legitimise any children - in the eyes of the law (the different churches had very different opinions). In a similar fashion any children born to a couple who are free to marry before they  subsequently marry are legitimised by that marriage.

[Misha77]

Thank you - it is such a socially interesting feature.  May I ask: if one or other of a couple were already married [and no longer in contact with their spouse] then would these alternatives to marriage still apply?

[RJ_Paton]

Thank you - it is such a socially interesting feature.  May I ask: if one or other of a couple were already married [and no longer in contact with their spouse] then would these alternatives to marriage still apply?

No, although the couple could be living together and known as "married" this would not be recognised in law as a marriage. Whether the marriage was a so called "irregular" marriage or the standard "regular" religious marriage both parties had to be free to marry.

[RJ_Paton]

The Marriage (Scotland) Act of 1916 repealed some of the forms of irregular marriage and also repealed the process by which couples could "admit" their offence at a lower court be convicted and have their marriage legitimised. (This was much cheaper than the alternatives - probably why they banned it  )

The Registrar General's amending direction of december 1918 meant that by 1919 the word illegitimate was no longer to be shown on Scottish birth certificates whether on new certificates or historical ones.