Hi,
A. 1839, so you are concerned with NSW statute laws on marriage. Victoria was still part of NSW until 1851.
B. No English statute laws made after 18 July 1823 had effect in NSW unless they expressly stated they were to apply in that jurisdiction. (See NSW Chief Justice Sir Francis Forbes ruling 1820s)
C. Females in NSW were not goods and chattel of their respective husband's. It is a misconception to consider they were. The very first civil case in NSW was in July 1788. And it is very significant, it did NOT follow the then English laws A female convict and her convict husband both transported furst fleet. English law (note I write English, not UK, not Irish, not Scottish.... Ireland was not UK in 1788) .... English law treated convicted persons as having no rights, ... no spousal, no property, no personal property, no right to be heard in a court of law.... Etc.
C. The couple, Mr & Mrs CABLE (Or KABLE) sued for financial compensation from the captain if the ship that brought Mrs Cable to NSW. The village in England where they had lived had raised funds and provided clothing and a sea trunk for her after they had been tried and found guilty.
D. So the couple sued the captain as he claimed he had ditched the trunk overboard. He was found guilty, had to pay compensation to the female before being allowed to leave port. Captain had argued the court in NSW was illegal. The NSW Governor demonstrated he had absolute power as per his Letters Patent (The document from English king setting up the penal colony). (No Slaves in NSW motto)
E. JULY 1988. The 200th anniversary of that historic court case, and the bicentennary celebrations in Sydney... Justice Michael Kirby in a speech from NSW Supreme Court bench went back to primary source court records of that very historic decision and honoured it as a first step in Australia's path to democracy.
F. The many NSW marriage Acts... and there have been many .... I put together a thread about them some time ago. I do not anticipate being at my own puter for several more days, but perhaps if a kind RChatter could check the Resources Board and pop a live link to it? ... likely it would be focused on the 1856 creation of civil registration and beginning of NSW BDM Reg Gens office.
Sorry for one finger typos.
M see reply 14.