Irregular marriages

Irregular marriages

Only recently did I hear the term 'irregular marriage'. A quick definition of 'irregular marriage' is a union that takes place without complying with legal requirements or established social customs. The Roman Catholic Church still uses the term to describe marriages where one or both partners are divorced and marry outside the church. However, my online research frequently led me to Scottish law. Until 1939 Scotland recognized as legal three forms of irregular marriage:  1) marriage by declaration, i.e., two people agreed to the marriage (with or without witnesses); 2) marriage by habit and repute, i.e., the couple lived together and had children together; 3) a promise of marriage followed by consummation. The parents' marriage must be considered legal to establish inheritance rights for any children. One source I read suggested that many couples went to Scotland in the 1800s to marry, to avoid the requirements of the church and/or government limitations (i.e., minimum age, parental consent). Did my Scots-Irish 4X-great-grandparents have an irregular marriage? Could that be why I can't find a marriage record? John Grenham's blog this week in the Irish Times describes irregular marriages in 19th century Dublin. The Schultz marriage records were maintained by a German Lutheran minister who was known as a 'couple-beggar'. Henry McDowell, a well-known Irish genealogist, has edited and indexed the Schultz registers in his book, Irregular Marriages in Dublin Before 1837. You can read Grenham's July 20th blog at www.irishtimes.com/blogs/irishroots/