Sister-in-Law Marriage in the Empire: Religious Politics and Legislative Reform in the Australian Colonies 1850-1900

In 1835, a statute was passed in the parliament of the United Kingdom making it illegal for a widowed man to marry his sister-in-law.(1) Marriage to a sister-in-law after a wife's death was common practice in nineteenth-century England and colonial Australia and aunts often took on the responsibility of raising children after a sibling's death. In the 1840s, a protracted parliamentary and social debate began over whether a widowed man's marriage to his sister-in-law should be made legal and this debate lasted over seven decades. In the Australian colonies, where English law had been inherited,(2) a similar debate occurred in the 1870s. The marriage was legalised in most of Australia in the 1870s while it remained illegal in England until the turn of the century. The parallel debates in each country provide a window into the comparative effect of religious culture on the development of marriage law. One of the primary reasons for the protracted nature of the struggle for marriage reform in England was its significance for the relationship between church and state. This article explores the implications of the relationship between church and state in Britain and the colonies for marriage legislation.