ABSTRACT

In the oft quoted dicta of Lord Penzance in the celebrated case of Hyde v Hyde and Woodmansee, marriage is defined as “the voluntary union for life of one man and one woman to the exclusion of all others.”1 While the permanent nature of marriage has been substantially modified in the face of modern divorce laws, in the context of the CC jurisdictions, this traditional definition of marriage in essence remains a valid and an accurate description. Section 1 of the Marriage Act of Anguilla2 for example defines marriage to mean “the union of a man and woman as husband and wife”.