Marriage law refers to the legal requirements that determine the validity of a marriage
, and which vary considerably among countries. See also Marriage Act
Rights and obligations
A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives
as well, being the sole mechanism for the creation of affinal ties
(in-laws). Over 2.3 million weddings take place in the U.S each year. Historically, many societies have given sets of rights and obligations to husbands that have been very different from the sets of rights and obligations given to wives. In particular, the control of marital property, inheritance rights, and the right to dictate the activities of children of the marriage have typically been given to male marital partners (for more details see coverture
and marital power
). However, these practices were curtailed to a great deal in many countries, especially Western countries, in the twentieth century, and more modern statutes tend to define the rights and duties of a spouse without reference to gender. In various marriage laws around the world, however, the husband continues to have authority; for instance, the Civil Code of Iran
states at Article 1105: "In relations between husband and wife; the position of the head of the family is the exclusive right of the husband".
These rights and obligations vary considerably among legal systems, societies, and groups within a society, and may include:
* Giving a husband/wife or his/her family control over some portion of a spouse's labor or property.
* Giving a husband/wife responsibility for some portion of a spouse's debts.
* Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized.
* Giving a husband/wife control over his/her spouse's affairs when the spouse is incapacitated.
* Establishing the second legal guardian
of a parent's child.
* Establishing a joint fund of property
for the benefit of children.
* Establishing a relationship between the families of the spouses.
Common law marriage
In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one where the parties stated that they took one another as wife and husband, even in absence of any witnesses.
The Council of Trent
(convened 1545–1563) ruled that in the future a marriage was only valid in Roman Catholic countries if it was witnessed by a priest of the Roman Catholic Church
or, if obtaining a priest were impractical, by other witnesses. This ruling was not accepted in the newly Protestant
nations of Europe, nor by Protestants who lived in Roman Catholic countries or their colonies, nor by Eastern Orthodox Christians
Common-law marriages were abolished in England and Wales
by the ''Marriage Act 1753
''. The act required marriages to be performed by a priest of the Church of England
unless the participants in the marriage were Jew
s or Quaker
s. The Act applied to Ireland
after the Act of Union 1800
, but the requirement for a valid marriage to be performed by a Church of England priest created special problems in predominantly Roman Catholic
Ireland. The law did not provide an exception. The Act did not apply to Scotland because, by the Acts of Union 1707
, Scotland retained its own legal system. To get around the requirements of the Marriage Act, such as minimum-age requirements, couples would go to Gretna Green
in southern Scotland, to get married under Scottish law (such as Lydia Bennet and George Wickham in ''Pride and Prejudice
The ''Marriage Act 1753'' also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the what became the United States and Canada. In the United States, common-law marriages are still recognized in Alabama
, Rhode Island
, South Carolina
and the District of Columbia
, and in several Canadian provinces.
All countries in Europe have now abolished "marriage by habit and repute", with Scotland
being the last to do so in 2006.
Australia has recognised de facto relationships since the Family Law Act of 2009
Marriage is an institution that is historically filled with restrictions. From age, to gender, to social status, various restrictions are placed on marriage by communities, religious institutions, legal traditions and states.
The minimum age at which a person is able to lawfully marry, and whether parental or other consents are required, vary from country to country. In the U.S the minimum age is 18 except for Nebraska (19) and Mississippi (21). In England and Wales
the general age at which a person may marry is 18, but 16- or 17-year-olds may get married with their parents' or guardians' consent. If they are unable to obtain this, they can gain consent from the courts, which may be granted by the Magistrates' Courts, or the County or High Court family divisions.
, and religious
restrictions apply in all countries on the genders of the couple.
In response to changing social and political attitudes, some jurisdictions and religious denomination
s now recognize marriages between people of the same sex. Other jurisdictions have instead "civil union
s" or "domestic partnership
s", while additional others explicitly prohibit same-sex marriage
In 1989, Denmark
became the first country in the modern era to give same-sex couples
the right to formalize their relation as a registered partnership
. , twenty eight countries have come to recognize same-sex marriages for civil purposes, namely the Netherlands
, South Africa
, New Zealand
, United Kingdom
, Costa Rica
and the United States
. Denmark gave same-sex couples the right to marry in 2013, and this right extends to a right to get married in the Church of Denmark
, although individual priests have the right to refuse to perform such marriages. On June 26, 2015, Supreme Court of the United States
ruled that the ban on same-sex marriages were ''de jure
, which ''de facto
'' legalized the same-sex marriage process in the United States.
To avoid the use of the term "marriage", some governments provide civil unions, which, depending on the jurisdiction, are open to same-sex couples only, opposite-sex couples only, or both same-sex and opposite-sex couples, to confer all or a portion of the benefits of married status. Civil unions (and registered/domestic partnerships) are currently recognized and accepted in approximately 30 out of 193 countries worldwide and in some U.S. states. In some countries where it has been adopted, applications for marriage licenses have far exceeded governmental estimates of demand. Some jurisdictions, such as the nations of Israel
, and the Netherlands Antilles
, as well as the U.S. state of New Mexico
recognize same-sex marriages lawfully entered into elsewhere, while not permitting them to be performed locally. In addition to civil authorities, some religious denominations ceremonially perform civil unions and same-sex marriages, and recognize them as essentially equivalent to other marriages. For example, Lutheran
churches in Netherlands
, New Zealand
and some Lutheran churches of the Evangelical Church in Germany
allow blessing ceremonies for same-sex couples, as do Unitarian Universalist
Further religious conflicts
These developments have created a political and religious reaction in some countries, including in England
, where the Church of England
, after long debate, officially banned blessings of gay couples by Church of England clergy, and in the United States
, which continues to experience conflicts, based upon religious grounds.
is two people that are related by blood or adoption, such as brother, sister, mother, father, aunt, uncle etc. No European country prohibits marriage between first cousins. The U.S. is the only western country with cousin marriage restrictions. Societies have often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. In most societies, marriage between brothers and sisters has been forbidden, with ancient Egyptian, Hawaiian, and Inca royalty being prominent exceptions. In many societies, marriage between first cousin
s is preferred, while at the other extreme, the medieval Catholic Church
prohibited marriage even between distant cousins.
In the United Kingdom
, the Deceased Wife's Sister's Marriage Act 1907
removed the previous prohibition for a man to marry the sister of his deceased wife. In Australia, marriage with an ancestor or descendant is prohibited, as is a marriage between a brother and a sister, whether of whole blood or half-blood and even if the brother or sister has been adopted.
All mainstream religions prohibit some marriages on the basis of the consanguinity
(lineal descent) and affinity
(kinship by marriage) of the prospective marriage partners, though the standards vary.
In the Indian Hindu
community, especially in the Brahmin
caste, marrying a person of the same gotra
was prohibited, since persons belonging to the same gotra
are said to have identical patrilineal
descent. In ancient India
, when gurukul
s existed, the shishyas
(pupils) were advised against marrying any of guru
's children, as shishyas
were also considered the guru's children and it would be considered marriage among siblings
. However, there were exceptions, including Arjuna
's son Abhimanyu
's marriage to Uttra, the dance student of Arjuna in Mahabharata
. ''The Hindu Marriage Act, 1955
'' brought reforms in the area of same-gotra marriages, which were banned prior to the act's passage. Now the Indian constitution allows any consenting adult heterosexual couple (women 18 or older and men 21 or older) from any race, religion, caste, or creed to marry.Inter Religion Court Marriage
India is a mainstream nation. One can get marriage independent of his cast, ideology and culture if essential condition are satisfied. Article 21 of the Constitution of India give security to our life and freedom.
Many societies have also adopted other restrictions on whom one can marry, such as prohibitions of marrying persons with the same surname, or persons with the same sacred animal. Anthropologists
refer to these sorts of restrictions as exogamy
. One example is South Korea
's general taboo against a man marrying a woman with the same family name. The most common surname in South Korea is Kim
(almost 20%); however, there are several branches (or clans) in the Kim surname. (Korean family names are divided into one or more clans.) Only intra-clan marriages are prohibited, as they are considered one type of endogamy
. Thus, many "Kim-Kim" couples can be found.
Societies have also at times required marriage from within a certain group. Anthropologists refer to these restrictions as endogamy
. An example of such restrictions would be a requirement to marry someone from the same tribe. Racist
laws adopted by some societies in the past—such as Nazi-era Germany
, apartheid-era South Africa
, and most of the United States
in the nineteenth and the first half of the 20th century—and which prohibited marriage between persons of different races
could also be considered examples of endogamy
. Similarly, in modern Israel
only Jews can marry Jews. In the U.S.
, many laws banning interracial marriage
, which were state law
s, were gradually repealed between 1948 and 1967. The U.S. Supreme Court
declared all such laws unconstitutional in the case of ''Loving v. Virginia
'' in 1967.
—being married to more than one spouse—is illegal in many countries. While accepted by some societies, it is far less common than monogamy.
[ See also: Kaingang.]
Polygamy is normally not permitted in most western countries, although some recognize ''bona fide'' polygamous marriages that were performed in other countries. In North America, only British Columbia
allows and sanctions polygamous relationships under legal jurisdictional statute. Polygamy
is practiced illegally by some groups in the United States and Canada, primarily by certain Mormon fundamentalist sects
that separated from the mainstream Latter Day Saints
movement after the practice was renounced in 1890.
Many societies, even some with a cultural tradition of polygamy, recognize monogamy
as the only valid form of marriage. For example, People's Republic of China
shifted from allowing polygamy to supporting only monogamy
in the Marriage Act of 1953 after the Communist revolution.
Many African and Islamic societies still allow polygamy. Africa has the highest rate of polygamy in the world. In Senegal, for example, nearly 47 percent of marriages are multiple. In India, only Muslims are allowed to practice polygamy.
In many jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. In most American states, a wedding must be officiated by the justice of the peace
in order for it to be recognized. However, priests
, and many other religious authorities can act as viable agents of the state. In some countries, such as France
, it is necessary to be married by government authority separately from any religious ceremony, with the state ceremony being the legally binding one. In those cases, the marriage is usually legalized before the ceremony. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as same-sex marriage
s or civil union
Marriage relationships may also be created by the operation of the law alone, as in common-law marriage
, sometimes called "marriage by habit and repute." This is a judicial recognition that two people who have been living as domestic partners
are subject to the rights and obligations of a legal marriage, even without formally marrying. However, in the UK at least, common-law marriage has been abolished and there are no rights available unless a couple marries or enters into a civil partnership. In all cases, a married person cannot become eligible for common law timeframe until divorced from any previous spouse.
In some cases couples living together do not wish to be recognised as married, such as when pension or alimony rights are adversely affected, or because of taxation consideration, or because of immigration issues, and for many other reasons. Usually, consent forms the basis of such relationships that are not really marital, with authoritative property laws being inapplicable.
The status in the eyes of one authority may not be the same as for another. For example, a marriage may be recognised civilly, but not by a church, and vice versa. Normally a marriage entered into in one country will be recognised in other countries. Sometimes, however, a religious ceremony or a marriage entered into in one country is not recognized by another, such as a same-sex marriage
Some countries give legal recognition to marriages performed in another country under the Hague Convention on Marriages
For this to apply, both the country of marriage and the country where recognition is sought need to be members of this convention.
If the country of marriage is not a member of the Hague Convention on Marriages (1978), then the marriage documents will need to be certified following the Apostille
convention. This certification is usually performed in the country of marriage by the embassy of the country whose recognition is sought.
A marriage license
is a document
issued, either by a church
or state authority
, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions and has changed over time.
In many countries there is a requirement to give notice of an impending marriage to the community so that objections to the marriage can be raised. This custom was in place as a mechanism to necessitate the consent of parents as well as the wider community.
While some countries, such as Australia
, permit marriages to be held in private and at any location, others, including England
, require that the civil ceremony be conducted in a place specially sanctioned by law (e.g., a church or register office
), and be open to the public. An exception can be made in the case of marriage by special emergency license, which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require that one of the parties reside in the locality of the registry office.
In the United States, there is no law or religious dictate that says the bride must take the groom's last name. However, approximately 70% of Americans agree that a bride should change her last name.
Ending a marriage
A marriage can end when one partner dies, by divorce
or by annulment
. Divorce laws
vary significantly by country. The only countries that do not allow divorce are the Philippines
and the Vatican City
, an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy
[''Sex and the State: Abortion, Divorce, and the Family Under Latin. American Dictatorships and Democracies'', by Mala Htun, pp 102] Colombia
* Family law
* Mesopotamian marriage law
* Prohibited degree of kinship
* Marriage Act 1961
Lord Hardwicke 1754 Marriage Act