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4 - Faking Marriage

from Part I - Marriage

Published online by Cambridge University Press:  26 October 2024

Chloë Kennedy
Affiliation:
University of Edinburgh
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Summary

This chapter analyses legal responses to three situations: someone pretending to intend marriage, someone entering marriage or a civil partnership for ‘ulterior motives’ and someone entering marriage or a civil partnership when an existing relationship disqualifies them from doing so. It argues that, historically, marriage was used to compensate women who experienced the first form of deception and to punish the men who deceived them; that in ‘ulterior motive’ cases, marriage might have been withheld from the deceptive party; and that bigamy provided legal recognition of the harms and wrongs experienced by duped individuals at the same time as it protected the state’s interest in shoring up marriage. The chapter concludes by arguing that the move away from each of these positions over time means that the extent to which the law protects individuals’ interests in avoiding deceptively induced intimate relationships has decreased. It further argues that this development has implications for how we assess the adequacy of contemporary legal responses to inducing intimacy.

Type
Chapter
Information
Inducing Intimacy
Deception, Consent and the Law
, pp. 88 - 118
Publisher: Cambridge University Press
Print publication year: 2024

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  • Faking Marriage
  • Chloë Kennedy, University of Edinburgh
  • Book: Inducing Intimacy
  • Online publication: 26 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009361095.005
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  • Faking Marriage
  • Chloë Kennedy, University of Edinburgh
  • Book: Inducing Intimacy
  • Online publication: 26 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009361095.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Faking Marriage
  • Chloë Kennedy, University of Edinburgh
  • Book: Inducing Intimacy
  • Online publication: 26 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009361095.005
Available formats
×