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In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply ''consummation'', is the first (or first officially credited) act of
sexual intercourse between two people, following their
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
to each other. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that no
contraception
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
must be used.
The religious, cultural, or legal significance of consummation may arise from theories of marriage as having the purpose of producing legally recognized descendants of the partners, or of providing sanction to their sexual acts together, or both, and its absence may amount to treating a marriage ''ceremony'' as falling short of ''completing'' the state of being married, or as creating a marriage which may later be repudiated. Thus in some legal systems a marriage may be
annulled
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost ...
if it has not been consummated. Consummation is also relevant in the case of a
common law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
. The importance of consummation has led to the development of various
bedding ritual
The bedding ceremony refers to the wedding custom of putting the newlywed couple together in the marital bed in front of numerous witnesses, usually family, friends, and neighbors, thereby completing the marriage.
The purpose of the ritual w ...
s.
In addition to these formal and literal usages, the term also exists in informal and less precise usage to refer to a sexual landmark in relationships of varying intensity and duration.
Legislation
Civil marriage
The relevance of consummation in a
civil marriage
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.
History
Every country maintaining a pop ...
varies by jurisdiction. For example, under section 12 of the
Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales.
Contents
The act contains four parts:
# Divorce, Nullity and Other Matrimonial Suits
# Financial Reli ...
, a refusal or inability to consummate a marriage is a ground of
annulment in England and Wales, but this only applies to heterosexual marriage because Paragraph 4 of schedule 4 of the
Marriage (Same Sex Couples) Act 2013
The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.
Background
Civil partnerships were introduced in the United Kingdom in 2004, allowin ...
specifically excludes non-consummation as a ground for the annulment of a
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
. Other
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
jurisdictions, such as
Australia, have abolished the legal concept of consummation.
Common law marriage
In the case of common law marriage, consummation may be a required component in the creation of the marriage itself.
Religious marriage
A religious marriage without civil registration may or may not be legally binding. In some (mostly
Muslim) countries such as Palestine,
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
, Egypt, Syria, Jordan, UAE, Saudi Arabia, Yemen, Libya, Mauritania and Indonesia, religious marriage is the only legally binding marriage.
Consummation is particularly relevant in a
Catholic marriage
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procre ...
. Within the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, if a matrimonial celebration takes place (ratification) but the spouses have not yet engaged in intercourse (consummation), then the marriage is said to be a marriage ''
ratum sed non consummatum
The term ''ratum sed non consummatum'' ( la, ratified but not consummated) or ''ratum et non consummatum'' ( la, ratified and not consummated) refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimon ...
''. Such a marriage, regardless of the reason for non-consummation, can be dissolved by the
pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
. Additionally, an inability or an intentional refusal to consummate the marriage is probable grounds for an
annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
.
Catholic canon law
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the legal system, system of laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the ...
defines a marriage as consummated when the "spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh". Thus some theologians, such as
Fr. John A. Hardon, S.J., state that intercourse with
contraception
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
does not consummate a marriage.
Virginity
In many traditions, consummation is an important act because it suggests the bride's
virginity
Virginity is the state of a person who has never engaged in sexual intercourse. The term ''virgin'' originally only referred to sexually inexperienced women, but has evolved to encompass a range of definitions, as found in traditional, modern ...
; the presence of blood is erroneously taken as definitive confirmation that the woman was a virgin.
Controversies
In the
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriage ...
defining
civil marriage
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.
History
Every country maintaining a pop ...
in some jurisdictions, particularly those where the civil
marriage law
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
Summary table
Rights and obligations
A marriage, by definition, bestows ...
s remain influenced by
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
(albeit they are officially secular), non-consummation of a marriage may be a ground for
annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
(an annulment is different from a
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
because it usually acts retrospectively). This stipulation has been in recent years heavily criticized on a wide variety of grounds, ranging from the mixing of religious doctrine into secular law, to being degrading to women given its negative historical connotations of ownership of the wife.
[''Family Law: Text, Cases, and Materials'', by Sonia Harris-Short, Joanna Miles, pp. 96-99] It has been argued that the purpose of this ground is not clear: it is neither procreation (the act need not end in pregnancy, and neither is there a need of the ''possibility'' of it, given the fact the consummation is legally valid even if one or both parties is sterile), neither is it the expectation of sexual satisfaction in marriage (one single act of sexual intercourse is sufficient, even if the spouse following the consummation says they will never again engage in intercourse). Andrew Bainham argues that this law (in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
) is outdated and must be abolished "in a modern society committed to equality and human rights in personal relationships".
In a 2001 report, the
Law Society of Ireland
The Law Society of Ireland ( ga, Dlí-Chumann na hÉireann) is a professional body established on 24 June 1830 and is the educational, representative and regulatory body of the solicitors' profession in Ireland. As of 2020, the Law Society had ...
’s Law Reform advocated abolishing the concept of a
voidable marriage
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to ...
altogether (since divorce had been introduced in 1996) and criticized the consummation ground, writing the following:
:The rationale behind this ground is not immediately apparent. It is not concerned with the capacity of either or both parties to procreate, still less with the ability of the parties to satisfy each other sexually during the marriage.
..It remains a rather curious anomaly in the law, a relic perhaps of medieval times, when the first act of intercourse was thought to 'mark' a new bride as the 'property' of her husband. Whatever its origins, it is not entirely clear what modern purpose this ground serves and it is suggested that it should be dispensed with.
Another concern is
sexual violence
Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...
, especially since in most countries the criminalization of
marital rape is recent, having occurred from the 1970s onwards; the maintaining in law of the concept of consummation is argued to foster cultural and societal attitudes and understandings of marriage that make it more difficult to acknowledge these violations; and to be a remainder of an oppressive tradition.
Commenting on the case of ''R v R'', which criminalised marital rape in England and Wales, Harris-Short and Miles write:
:
historical view again throws useful light on the matter: until 1991, husbands were permitted to have sexual intercourse with their wives regardless of whether they were then actually consenting, the original act of consummation and the resultant marital status entitling the husband to sexual relations thereafter.
See also
*
Nullity (conflict)
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied ...
*
Sexless marriage
A sexless marriage is a marital union in which little or no Human sexual activity, sexual activity occurs between the two spouses. The US National Health and Social Life Survey in 1992 found that 2% of married respondents aged 18 to 59 reported n ...
References
External links
Catholic Encyclopedia: Sacrament of Marriage{{Wedding
Intimate relationships
Human sexuality
Marriage
Personal life
Sex and the law
Sexual acts
Wedding