Revisiting the union of marriage: beyond consummation?

Abstract

This thesis utilises radical feminism to assess whether it could be argued that marriage in the UK context has moved beyond a sexual definition: beyond consummation. The research looks at alternative relationship forms that have emerged to challenge sexual requirements in relationship law, including civil partnerships, same sex marriage and the marriages and civil partnerships of transsexuals. The thesis argues that through incorporating a nullity clause in matrimonial law on the basis of non-consummation, the law effectively requires sex from its heterosexual married citizens. The thesis demonstrates the patriarchal values underlying the consummation requirement and concludes that the challenges that have emerged have not served to dismantle the requirement. We have not moved beyond marriage or consummation.

Citation

(2014). Revisiting the union of marriage: beyond consummation?