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Elizabeth Duffield-Fuller, PhD student in Literature, Aberystwyth University

The controversial Victorian novel that argued for the Deceased Wife’s Sister’s Marriage Act

Dinah Craik. National Portrait Gallery

It was once illegal in Britain for a woman to marry the husband of her dead sister. Legally, they were seen as brother and sister, making such marriages incestuous. While it might seem odd now, this was a hot issue for Victorians and many argued that it should be legal.

William Gladstone, prime minister and leader of the Liberal party, was among many Victorians who argued for the law’s repeal on the grounds that the ecclesiastical law it was based upon was open to interpretation. He argued that on this basis these marriages were already legal in the colonies and that the law which made the union illegal confirmed that in-law marriages made before 1835 were sanctioned, placing a disparity within the law. It also highlighted the way that the rich could circumvent the law by marrying on the continent, while the poor had no such recourse, making an intrinsic inequality within society.

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