Published online by Cambridge University Press: 21 August 2012
In England, if a man wishes to get married, he must do so, in the great majority of cases, under the law of England; in Scotland under the law of Scotland. In either country he is at liberty to get married in a registrar's office or in a Christian church; if he decides upon a church, no legal consequences will follow other than those which follow from marriage in a registrar's office. If subsequently either party to the marriage wishes to raise an action arising therefrom they are at liberty to do so in the appropriate court; the court is the same court, and the law to be applied is the same law, whether they have been married in a church or in a registrar's office, whether they are Christians or not. But the court, and the law to be applied therein, differ according to whether the parties are subject to English or to Scots law. The divorce law of England is applicable to both Christians and non-Christians; neither category is prohibited by law from having recourse to it, though a convinced Christian may be so prevented by his faith and conscience. In other words, the matrimonial affairs of an Englishman or a Scotsman are governed by the civil law to which he is subject, whatever his religious beliefs.
page 1 note 1 It is the position of the common man that is being considered, omitting the complications of the individual exceptions which exist in England, Scotland, and Africa.
page 2 note 1 The phrase is that used by the Attorney-General of Uganda in October 1925.
page 2 note 2 Vide Tanganyika Standard of Nov. Ist, 1950.
page 3 note 1 ‘Christian Marriage in Nigeria’, Africa, vol. xvi, no. 4.
page 3 note 2 Delano, I. C., An African looks at Marriage, Lutterworth Press (1944).Google Scholar
page 4 note 1 African Tribal judges often have the same difficulty in coming to a decision in a case that English judges have. Their decisions are also liable to be reversed by a superior native tribunal. The Supreme Court of Nigeria might be occupied for some days in finding out precisely what the law was. It must be remembered that there are very many tribes in Nigeria. This problem is, however, academic, for I do not think any African Christian has yet applied to the Supreme Court for divorce.
page 7 note 1 There is, however, evidence that it is not true.