Hyde v Hyde

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Hyde v Hyde (1866): a simple explanation

What the case was about
Hyde v Hyde is a famous English case that helped shape the law on marriage. It was heard in the Court of Probate and Divorce and helped set out what marriage means in common law.

Facts
John Hyde, a Mormon who had left the Church of Jesus Christ of Latter-day Saints, started writing anti-Mormon material and was excommunicated. His wife Lavinia left him and later remarried in Utah Territory. Hyde sued for divorce on the grounds of adultery, arguing that Lavinia’s new relationship was a marriage. The English court, however, said that Lavinia’s relationship in Utah did not count as a marriage under English law, so the divorce petition could not be granted.

Judgement
Lord Penzance ruled that institutions from foreign countries (including marriage) are not recognized by English law unless they resemble an English institution. In particular, polygamy or concubinage cannot be treated as marriage under English law. The court also noted that it could not base its decision on unfamiliar cultural traditions. The divorce claim was dismissed.

A famous definition, but not a binding one
The case is best known for Lord Penzance’s statement that, for the purposes of the case, marriage “as understood in Christendom may be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.” However, this definition was obiter—a remark made in passing, not a binding legal precedent.

Why it matters
Hyde v Hyde helped shape the common-law idea of marriage for many years. It influenced later cases on marriage and laws about relationship status, marriage, and family life. Its language and ideas appeared in discussions about same-sex marriage and related laws in the United Kingdom and beyond.

Criticism
Scholars have criticized relying on this definition because it was not a formal definition in the sense of establishing precedent. It was an obiter statement defending a traditional view of marriage, rather than a definitive, binding description of the institution.

Significance today
Since the Marriage (Same Sex Couples) Act 2013, same-sex marriage is legal in England and Wales, making the old common-law definition less central for modern law. Nevertheless, Hyde v Hyde remains a landmark in how courts historically understood and described marriage in English law.