City Research Online

Abstract

This chapter will consider the role of consummation and its interpretation in the courts. Consummation has historically been defined as an act of sexual intercourse integral to marriage, to avoid it being rendered ‘voidable’. Consummation is a historical construct that exists in some form in many jurisdictions and religions. Other common law jurisdictions, such as Australia, have abolished the concept. The English and Welsh courts have variously interpreted consummation to be a single act of heterosexual sex that determines if a marriage is sufficiently conjugal, therefore applying great importance to a singular instance of sexual intimacy, that has been omitted form civil partnership and same-sex marriage. This chapter will consider the case law concerning consummation and determine its heteronormative origins, and will seek to elucidate the role consummation, and indeed sexual intercourse, has in constructing the marital relationship.

Publication Type:	Book Section
Additional Information:	This is a draft chapter. The final version is available in Research Handbook on Marriage, Cohabitation and the Law edited by Rebecca Probert and Sharon Thompson, published in 2024, Edward Elgar Publishing Ltd.
Subjects:	H Social Sciences > HN Social history and conditions. Social problems. Social reform H Social Sciences > HQ The family. Marriage. Woman K Law > KD England and Wales
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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