Marriage In Northern Ireland
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The marriageable age is 16 with parental consent but 18 otherwise. Marriage must be between two otherwise unmarried people (foreign divorces are generally recognised, but existing foreign
polygamous Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...
marriages prevent a marriage as this would be treated as
bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
). If one of the parties wishing to marry is subject to immigration control, notice of marriage can only be given at a register office, which both parties must attend together. The UK Government was obliged, under the
Northern Ireland (Executive Formation etc) Act 2019 The Northern Ireland (Executive Formation etc) Act 2019 (c. 22), colloquially known as the 2019 Northern Ireland Act, is an Act of the Parliament of the United Kingdom that provided for the extension of the period for forming a Northern Ireland ...
, to extend same-sex marriage to Northern Ireland by secondary legislation that took effect on 13 January 2020. Until then, same-sex marriages from other jurisdictions were treated as
civil partnerships A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
.
Civil partnerships A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
became available to same-sex couples in December 2005 and grant rights and responsibilities identical to civil marriage. Certain relatives are not allowed to marry each other.


Marriage procedures

The ceremonial side of marriage procedures in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
are in many ways similar to those 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 ...
, but there is no restriction on the location of a religious marriage and the notification and registration involve a marriage schedule. In this respect, it resembles
marriage in Scotland Marriage in Scotland is recognised in the form of both civil and religious unions between individuals. Historically, the law of marriage has developed differently in Scotland to other jurisdictions in the United Kingdom as a consequence of the di ...
, although it discriminates against non-religious people with respect to outdoor weddings.


Benefits and consequences

Upon death of one's spouse, bequests to the other spouse do not incur
inheritance tax An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died. International tax law distinguishes between an es ...
.
Intestate Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
property by default will go to the spouse. Also, there is partial inheritance of pensions. Non-British spouses of British citizens may obtain
residence permit A residence permit (less commonly ''residency permit'') is a document or card required in some regions, allowing a foreign national to reside in a country for a fixed or indefinite length of time. These may be permits for temporary residency, or p ...
s. Spouses are considered to have a
duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establis ...
towards each other, and certain
social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
benefits are calculated differently from those for single people.


Foreign citizens wishing to marry in the UK

From 1 February 2005, a visitor who wishes to be married in the UK who is a citizen of a country that is not a member of the
European Economic Area The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Ass ...
(EEA) must apply for a visa before they travel. Without the visa, the registrar will not be able to accept the notice of marriage and will not be able to perform the marriage ceremony. Those already in the UK and citizens of a country that is not a member of the EEA needed the approval of the
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
to be married, provided in the form of a certificate of approval. From 4 April 2011, the requirement for Certificate of Approval was abolished by the United Kingdom Parliament through a Remedial Order under Human Rights Act 1998.


Divorce

Divorce is allowed on various grounds. Civil remarriage is allowed. Religious denominations differ on whether they permit religious remarriage.


History

In the period 1759-1826 many couples from Ireland went to Scotland to marry, particularly to
Portpatrick Portpatrick is a village and civil parish in the historical county of Wigtownshire, Dumfries and Galloway, Scotland. It is located on the west coast of the Rhins of Galloway. The parish is about in length and in breadth, covering . History ...
, Wigtown which was described as the Gretna Green for Ireland. There was a daily packet boat from
Donaghadee Donaghadee ( , ) is a small town in County Down, Northern Ireland. It lies on the northeast coast of the Ards Peninsula, about east of Belfast and about six miles (10 km) south east of Bangor. It is in the civil parish of Donaghadee and ...
, and marriages were conducted by the Church of Scotland minister at Portpatrick, though according to Brack (see
Portpatrick Portpatrick is a village and civil parish in the historical county of Wigtownshire, Dumfries and Galloway, Scotland. It is located on the west coast of the Rhins of Galloway. The parish is about in length and in breadth, covering . History ...
) he often overlooked the rules about the publication of banns or the required period of residence. A
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
legal case in 2017 and 2018 centered on
Laura Lacole Laura Lacole (born 12 September 1989) is a Northern Irish model. In 2017, Lacole, an atheist, became the first woman in Northern Ireland to be married in a legal humanist ceremony, marrying Irish footballer Eunan O'Kane. The couple brought a ...
and
Eunan O'Kane Eunan Charles O'Kane ( ; born 10 July 1990) is a professional footballer who most recently played as a midfielder for Leeds United. Born in Northern Ireland, he represented the country at various youth international levels before switching to t ...
's request for a legally binding humanist marriage, supported by
Humanists UK Humanists UK, known from 1967 until May 2017 as the British Humanist Association (BHA), is a charitable organisation which promotes secular humanism and aims to represent "people who seek to live good lives without religious or superstitious be ...
, which has implications for who can register as celebrants. In the initial 2017 judgment, the High Court ordered that the words "or belief" be "read in" to references to religion in marriage law to allow
humanists Humanism is a philosophical stance that emphasizes the individual and social potential and agency of human beings. It considers human beings the starting point for serious moral and philosophical inquiry. The meaning of the term "humani ...
to conduct legally binding humanist marriages; a similar decision was taken by the Scottish Registrar General in 2005. In 2018, the Court of Appeal said that refusing humanists legal marriage rights was unlawful discrimination, but quashed the order compelling a read-in, saying the state can avoid incompatibility by registering humanists to provide legal weddings as civil celebrants. Humanists UK celebrants in Northern Ireland became authorised to conduct legal marriages shortly after. The first humanist marriage in this new regime took place on 25 August 2018.


See also

*
Fleet Marriage A Fleet Marriage was a common example of an irregular or a clandestine marriage taking place in England before the Marriage Act 1753 came into force on March 25, 1754. Specifically, it was one which took place in London's Fleet Prison or its en ...
*
Civil Partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
*
Marriage in England and Wales Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other juri ...
*
Marriage in Scotland Marriage in Scotland is recognised in the form of both civil and religious unions between individuals. Historically, the law of marriage has developed differently in Scotland to other jurisdictions in the United Kingdom as a consequence of the di ...


References

{{Europe topic, Marriage in Society of Northern Ireland Religion in Northern Ireland Law of Northern Ireland
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...