The marriage was not valid under English law because it had not received the prior approval of King George III and the Privy Council as required by the Royal Marriages Act 1772. Had approval been sought, it might not have been granted for many reasons including, for example, Fitzherbert's Roman Catholic allegiance. Had consent been given and the marriage been legal, the Prince of Wales would have been automatically removed from the succession to the British throne under the provisions of the Bill of Rights and the Act of Settlement 1701 and replaced as heir-apparent by his brother, the Duke of York. Their brother, Prince Augustus Frederick, contracted an invalid marriage with Lady Augusta Murray in 1793 without the King's consent and had two children with her.