Jactitation or jactitation of marriage was an archaic cause of action in English and in Irish law. Where one person falsely asserted that he or she was married to another, the wronged party could obtain an order restraining further repetitions of the falsehood. The action was abolished in England in 1986 and in Ireland in 1995.
Suit for jactitation of marriage
Where one person falsely asserted that he or she was married to another, the wronged party (the petitioner) could bring a suit for jactitation of marriage. The suit could be brought only against the person (the respondent) wrongfully claiming to be married, and could not be used to forbid third parties from alleging the existence of a marriage.
Prior to the Clandestine Marriages Act 1753, which first made a formal ceremony of marriage compulsory, a suit for jactitation was the usual method of determining the validity of a marriage in England. After that date, the suit was much less used since proof of a formal ceremony was all that was needed to establish a marriage.
Abolition
In 1971 the Law Commission reviewed the state of the law in England and recommended that the suit for jactitation of marriage should be abolished. It was by then little-used, with the last reported case being in 1968. The Commission noted in particular the suit's narrow scope and its inapplicability to false statements made by third parties.
In the Republic of Ireland a Law Reform Commission report of 1983 recommended abolition of jactitation as "an ancient remedy which has fallen into complete disuse". The recommendation was implemented by the Family Law Act 1995, which instead empowered the Circuit Family Court to make a declaration about the status of a person's marriage.