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When Harry met Meghan

08 December 2017 / Rebecca Probert
Issue: 7773 / Categories: Features , Constitutional law
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Rebecca Probert provides a handy guide to the law governing royal marriages

As Walter Bagehot remarked in 1863, when the future Edward VII married Alexandra of Denmark, ‘a princely marriage is the brilliant edition of a universal fact, and as such it rivets mankind.’ The announcement that Prince Harry is to marry Meghan Markle is proving similarly riveting. As it has already sparked discussion about the special laws governing royal marriages, here is a brief guide to those laws—past, present, and possibly future.

The consent of the sovereign

The Royal Marriages Act 1772 required the prior consent of the sovereign to the marriages of all descendants of George II except the issue of princesses who had married into foreign families. Those over 25 could alternatively give notice to the Privy Council and marry without the sovereign’s consent unless both Houses of Parliament disapproved—but this option has never been tested.

The Act’s scope was much debated. One ingenious argument was that it did not apply to any of Edward VII’s descendants, ie the current royal

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