Marriage law
Encyclopedia
Marriage law refers to the legal requirements which determine the validity of a marriage
, which vary considerably between countries.
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). These may include:
These rights and obligations vary considerably between societies, and between groups within society.
The Council of Trent
(convened 1545–1563) ruled that in 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 in the Americas or elsewhere, 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 Jews or Quakers. 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 Scots law.
The Marriage Act of 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the future United States and Canada. In the United States, common-law marriages are still recognized in Alabama
, Colorado
, Iowa
, Kansas
, Montana
, Rhode Island
, South Carolina
, Texas
, Utah
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 does not recognize common-law marriages.
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. In some jurisdictions these are sometimes called "civil union
s" or "domestic partnership
s", while some others explicitly prohibit same-sex marriage
s.
In 1989, Denmark
became the first country in the modern era to extend the rights and responsibilities of marriage to same-sex couples under the name of registered partnership. , ten countries have come to recognise same-sex marriages for civil purposes, namely the Netherlands
, Belgium
, Spain
, Canada
, South Africa
, Norway
, Sweden
, Portugal
, Iceland
and Argentina
. To avoid the use of the term "marriage", some governments provide civil unions, which are open to couples of the same sex, and in some jurisdictions also to those of opposite sexes who do not want to marry, 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. However, in 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
, Aruba
, and the Netherlands Antilles
, as well as the U.S. states of New Mexico
, and Rhode Island
, 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
, Sweden
and some Lutheran churches of the Evangelical Church in Germany
allow blessing ceremonies for same-sex couples, as do Unitarian Universalist
churches.
, six U.S. states and the District of Columbia allow same-sex couples to enter into marriage – these states are: Massachusetts
, Connecticut
, Vermont
, Iowa
, New Hampshire
, and New York
. The Supreme Court of Connecticut has also ruled
that restriction of marriage to heterosexuals is illegal under the state constitution, and gay marriages began in Connecticut
on November 12, 2008. Following a decision by its state supreme court, California
allowed same-sex marriages beginning on June 16, 2008, but voters passed Proposition 8
on November 4, 2008, amending the state constitution and revoking the right of same-sex couples to marry. In nine other U.S. regions, including Vermont
, Maine
, New Jersey
, and the District of Columbia, civil unions or domestic partnerships are available to couples of the same sex, often carrying the same entailments as marriage, under a different name. However, these apply only to benefits under state law, and are not recognized by other states (with a few exceptions) or the U.S. federal government.
In Australia
, de facto
relationships are legally recognized in many, but not all, ways, with some states having registers of de facto relationships, although the federal government has amended existing legislation to specify that only marriages between a man and a woman will be recognized as "marriages". As a result, the Australian Capital Territory
's 2006 Bill to give civil unions identical status and processes as registered marriages, was repealed by the federal government before it came into effect.
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
. In contrast to the three above-mentioned U.S. states where the state constitutions have been found by courts to require equivalent marriage for same-sex couples, several states have specifically defined marriage as between a man and a woman, often after popular referenda
, including the state of Mississippi
which passed a constitutional amendment
defining marriage as between a man and a woman and refusing to recognize same-sex marriages from other states with 86% of the vote supporting that proposition. Federally, the U.S. Congress has considered, but failed to pass, a Federal Marriage Amendment
. In addition, while Lutheran churches in some countries allow blessing ceremonies for same-sex couples, as stated previously, in other countries (like Finland
) such ceremonies are discouraged and rarely performed by the church.
Catholic Church
prohibited marriage even between distant cousins.
The marriage laws of all modern countries restrict the relatives a person is allowed to marry, though the degree of prohibited relationship varies widely. In most countries, marriage between brothers and sisters is forbidden. Many countries maintain a standard of required distance (in both consanguinity
and affinity
) for marriage.
In the United Kingdom
, the Deceased Wife's Sister's Marriage Act 1907
removed the previous prohibition of a man marrying 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.
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. 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 African and Islamic societies still allow polygamy. In North America, only Saskatchewan province allows and sanctions polygamous relationships under legal jurisdictional statute. {s.51 Saskatchewan Family Property Act"}
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 of 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.
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 exogamy
. 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—which prohibited marriage between persons of different races
could also be considered examples of endogamy
. 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.
, in which a person is married to more than one spouse at one time, is illegal in many countries, but accepted by other societies, though it is far less common than monogamy. In India, only Muslims are allowed to practice polygamy. Africa has the highest rate of polygamy in the world. In Senegal, for example, nearly 47 percent of marriages are multiple.
Polygamy is normally not permitted in most western countries, though some recognise bona fides polygamous marriages entered into in countries that routinely perform such marriages, such as in a Muslim country.
, Spain
, Germany
, Turkey
, Argentina
, Japan
and Russia
, 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
s.
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
.
(1978). 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.
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.
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, which vary considerably between countries.
Rights and obligations
A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives
Kinship
Kinship is a relationship between any entities that share a genealogical origin, through either biological, cultural, or historical descent. And descent groups, lineages, etc. are treated in their own subsections....
as well, being the sole mechanism for the creation of affinal ties
Affinity (law)
In law and in cultural anthropology, affinity, as distinguished from consanguinity, is kinship by marriage. It is the relation which each party to a marriage bears to the kindred of the other. In English, affinity is usually signified by adding "-in-law" to the degree of kinship...
(in-laws). These may include:
- Giving a husband/wife or his/her family control over a spouse’s labor, and property.
- Giving a husband/wife responsibility for 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 guardianLegal guardianA legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
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.
These rights and obligations vary considerably between societies, and between groups within society.
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
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...
(convened 1545–1563) ruled that in future a marriage was only valid in Roman Catholic countries if it was witnessed by a priest of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
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 in the Americas or elsewhere, nor by Eastern Orthodox Christians.
Common-law marriages were abolished in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
by the Marriage Act 1753
Marriage Act 1753
The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
. The Act required marriages to be performed by a priest of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
– unless the participants in the marriage were Jews or Quakers. The Act applied to Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
after the Act of Union 1800
Act of Union 1800
The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
, 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
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
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
Gretna Green
Gretna Green is a village in the south of Scotland famous for runaway weddings. It is in Dumfries and Galloway, near the mouth of the River Esk and was historically the first village in Scotland, following the old coaching route from London to Edinburgh. Gretna Green has a railway station serving...
, in southern Scotland, to get married under Scots law.
The Marriage Act of 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the future United States and Canada. In the United States, common-law marriages are still recognized in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
and the District of Columbia, and in several Canadian provinces.
All countries in Europe have now abolished "marriage by habit and repute", with Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
being the last to do so in 2006.
Australia does not recognize common-law marriages.
Marriage restrictions
Marriage is an institution that is historically filled with restrictions. From age, to gender, to social status, restrictions are placed on marriage by society.Marriage age
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 England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
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.
Gender restrictions
Legal, socialSociety
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
, and religious
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
restrictions apply in all countries on the genders of the couple.
In response to changing social and political attitudes, some jurisdictions and religious denomination
Religious denomination
A religious denomination is a subgroup within a religion that operates under a common name, tradition, and identity.The term describes various Christian denominations...
s now recognize marriages between people of the same sex. In some jurisdictions these are sometimes called "civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s" or "domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
s", while some others explicitly prohibit same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s.
In 1989, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
became the first country in the modern era to extend the rights and responsibilities of marriage to same-sex couples under the name of registered partnership. , ten countries have come to recognise same-sex marriages for civil purposes, namely the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
. To avoid the use of the term "marriage", some governments provide civil unions, which are open to couples of the same sex, and in some jurisdictions also to those of opposite sexes who do not want to marry, 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. However, in 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
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, Aruba
Aruba
Aruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula...
, and the Netherlands Antilles
Netherlands Antilles
The Netherlands Antilles , also referred to informally as the Dutch Antilles, was an autonomous Caribbean country within the Kingdom of the Netherlands, consisting of two groups of islands in the Lesser Antilles: Aruba, Bonaire and Curaçao , in Leeward Antilles just off the Venezuelan coast; and Sint...
, as well as the U.S. states of New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, and Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, 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
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...
churches in Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
and some Lutheran churches of the Evangelical Church in Germany
Evangelical Church in Germany
The Evangelical Church in Germany is a federation of 22 Lutheran, Unified and Reformed Protestant regional church bodies in Germany. The EKD is not a church in a theological understanding because of the denominational differences. However, the member churches share full pulpit and altar...
allow blessing ceremonies for same-sex couples, as do Unitarian Universalist
Unitarian Universalism
Unitarian Universalism is a religion characterized by support for a "free and responsible search for truth and meaning". Unitarian Universalists do not share a creed; rather, they are unified by their shared search for spiritual growth and by the understanding that an individual's theology is a...
churches.
, six U.S. states and the District of Columbia allow same-sex couples to enter into marriage – these states are: Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. The Supreme Court of Connecticut has also ruled
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
that restriction of marriage to heterosexuals is illegal under the state constitution, and gay marriages began in Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
on November 12, 2008. Following a decision by its state supreme court, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
allowed same-sex marriages beginning on June 16, 2008, but voters passed Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
on November 4, 2008, amending the state constitution and revoking the right of same-sex couples to marry. In nine other U.S. regions, including Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, and the District of Columbia, civil unions or domestic partnerships are available to couples of the same sex, often carrying the same entailments as marriage, under a different name. However, these apply only to benefits under state law, and are not recognized by other states (with a few exceptions) or the U.S. federal government.
In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
relationships are legally recognized in many, but not all, ways, with some states having registers of de facto relationships, although the federal government has amended existing legislation to specify that only marriages between a man and a woman will be recognized as "marriages". As a result, the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
's 2006 Bill to give civil unions identical status and processes as registered marriages, was repealed by the federal government before it came into effect.
These developments have created a political and religious reaction in some countries, including in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, where the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, after long debate, officially banned blessings of gay couples by Church of England clergy, and in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. In contrast to the three above-mentioned U.S. states where the state constitutions have been found by courts to require equivalent marriage for same-sex couples, several states have specifically defined marriage as between a man and a woman, often after popular referenda
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, including the state of Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
which passed a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
defining marriage as between a man and a woman and refusing to recognize same-sex marriages from other states with 86% of the vote supporting that proposition. Federally, the U.S. Congress has considered, but failed to pass, a Federal Marriage Amendment
Federal Marriage Amendment
The Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
. In addition, while Lutheran churches in some countries allow blessing ceremonies for same-sex couples, as stated previously, in other countries (like Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
) such ceremonies are discouraged and rarely performed by the church.
Kinship 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 cousins is preferred, while at the other extreme, the medievalMiddle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
prohibited marriage even between distant cousins.
The marriage laws of all modern countries restrict the relatives a person is allowed to marry, though the degree of prohibited relationship varies widely. In most countries, marriage between brothers and sisters is forbidden. Many countries maintain a standard of required distance (in both consanguinity
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
and affinity
Affinity (law)
In law and in cultural anthropology, affinity, as distinguished from consanguinity, is kinship by marriage. It is the relation which each party to a marriage bears to the kindred of the other. In English, affinity is usually signified by adding "-in-law" to the degree of kinship...
) for marriage.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the Deceased Wife's Sister's Marriage Act 1907
Deceased Wife's Sister's Marriage Act 1907
The Deceased Wife's Sister's Marriage Act 1907 was an Act of the Parliament of the United Kingdom, allowing a man, if his wife had died, to marry her sister.Previously, it was forbidden for a man to marry the sister of his deceased wife...
removed the previous prohibition of a man marrying 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
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
(lineal descent) and affinity
Affinity (law)
In law and in cultural anthropology, affinity, as distinguished from consanguinity, is kinship by marriage. It is the relation which each party to a marriage bears to the kindred of the other. In English, affinity is usually signified by adding "-in-law" to the degree of kinship...
(kinship by marriage) of the prospective marriage partners, though the standards vary.
Social restrictions
Many societies, even some with a cultural tradition of polygamy, recognize monogamyMonogamy
Monogamy /Gr. μονός+γάμος - one+marriage/ a form of marriage in which an individual has only one spouse at any one time. In current usage monogamy often refers to having one sexual partner irrespective of marriage or reproduction...
as the only valid form of marriage. For example, People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
shifted from allowing polygamy to supporting only monogamy
Monogamy
Monogamy /Gr. μονός+γάμος - one+marriage/ a form of marriage in which an individual has only one spouse at any one time. In current usage monogamy often refers to having one sexual partner irrespective of marriage or reproduction...
in the Marriage Act of 1953 after the Communist revolution. Polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
is practiced illegally by some groups in the United States and Canada, primarily by certain Mormon fundamentalist
Polygamous Mormon fundamentalist
Mormon fundamentalism is a belief in the validity of selected fundamental aspects of Mormonism as taught and practiced in the nineteenth century, particularly during the administration of Brigham Young, an early president of The Church of Jesus Christ of Latter-day Saints...
sects that separated from the mainstream Latter Day Saints movement after the practice was renounced in 1890. Many African and Islamic societies still allow polygamy. In North America, only Saskatchewan province allows and sanctions polygamous relationships under legal jurisdictional statute. {s.51 Saskatchewan Family Property Act"}
In the Indian Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
community, especially in the Brahmin
Brahmin
Brahmin Brahman, Brahma and Brahmin.Brahman, Brahmin and Brahma have different meanings. Brahman refers to the Supreme Self...
caste, marrying a person of the same gotra
Gotra
In the Hindu society, the term Gotra broadly refers to people who are descendants in an unbroken male line from a common male ancestor. Panini defines gotra for grammatical purposes as apatyam pautraprabhrti gotram , which means "the word gotra denotes the progeny beginning with the son's son"...
was prohibited, since persons belonging to the same gotra
Gotra
In the Hindu society, the term Gotra broadly refers to people who are descendants in an unbroken male line from a common male ancestor. Panini defines gotra for grammatical purposes as apatyam pautraprabhrti gotram , which means "the word gotra denotes the progeny beginning with the son's son"...
are said to have identical patrilineal descent. In ancient India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, when gurukul
Gurukul
A gurukul is a type of school in India, residential in nature, with shishyas living in proximity to the guru, often within the same house...
s existed, the shishyas (pupils) were advised against marrying any of guru
Guru
A guru is one who is regarded as having great knowledge, wisdom, and authority in a certain area, and who uses it to guide others . Other forms of manifestation of this principle can include parents, school teachers, non-human objects and even one's own intellectual discipline, if the...
'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
Arjuna
Arjuna in Indian mythology is the greatest warrior on earth and is one of the Pandavas, the heroes of the Hindu epic Mahābhārata. Arjuna, whose name means 'bright', 'shining', 'white' or 'silver' Arjuna (Devanagari: अर्जुन, Thai: อรชุน, Orachun, Tamil: Arjunan, Indonesian and Javanese: Harjuna,...
's son Abhimanyu
Abhimanyu
Abhimanyu is a tragic hero in the Hindu epic, the Mahābhārata. He is the son of Arjuna and Subhadra, who is the half-sister of Lord Krishna...
's marriage to Uttra, the dance student of Arjuna in Mahabharata
Mahabharata
The Mahabharata is one of the two major Sanskrit epics of ancient India and Nepal, the other being the Ramayana. The epic is part of itihasa....
. The Hindu Marriage Act of 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.
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
Anthropology
Anthropology is the study of humanity. It has origins in the humanities, the natural sciences, and the social sciences. The term "anthropology" is from the Greek anthrōpos , "man", understood to mean mankind or humanity, and -logia , "discourse" or "study", and was first used in 1501 by German...
refer to these sorts of restrictions as exogamy
Exogamy
Exogamy is a social arrangement where marriage is allowed only outside of a social group. The social groups define the scope and extent of exogamy, and the rules and enforcement mechanisms that ensure its continuity. In social studies, exogamy is viewed as a combination of two related aspects:...
. One example is South Korea
Marriage in South Korea
Marriage in South Korea is similar to that in the West, but has unique features of its own, especially due to the influence of Korean Confucianism.-Eligibility:Marriage in South Korea is a union between a man and a woman...
's general taboo against a man marrying a woman with the same family name. The most common surname in South Korea is Kim
Kim (Korean name)
Kim, sometimes spelled Gim, is the most common family name in Korea. The name is common in both modern-day North Korea and South Korea. The hanja used for the name means "gold," and although the character is usually pronounced 금 geum, it is pronounced 김 gim when used for the family name and...
(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 exogamy
Exogamy
Exogamy is a social arrangement where marriage is allowed only outside of a social group. The social groups define the scope and extent of exogamy, and the rules and enforcement mechanisms that ensure its continuity. In social studies, exogamy is viewed as a combination of two related aspects:...
. 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
Endogamy
Endogamy is the practice of marrying within a specific ethnic group, class, or social group, rejecting others on such basis as being unsuitable for marriage or other close personal relationships. A Greek Orthodox Christian endogamist, for example, would require that a marriage be only with another...
. An example of such restrictions would be a requirement to marry someone from the same tribe. Racist
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
laws adopted by some societies in the past—such as Nazi-era Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
, apartheid-era
History of South Africa in the apartheid era
Apartheid was a system of racial segregation enforced by the National Party governments of South Africa between 1948 and 1994, under which the rights of the majority 'non-white' inhabitants of South Africa were curtailed and white supremacy and Afrikaner minority rule was maintained...
South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
and most of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in the nineteenth and the first half of the 20th century—which prohibited marriage between persons of different races
Interracial marriage
Interracial marriage occurs when two people of differing racial groups marry. This is a form of exogamy and can be seen in the broader context of miscegenation .-Legality of interracial marriage:In the Western world certain jurisdictions have had regulations...
could also be considered examples of endogamy
Endogamy
Endogamy is the practice of marrying within a specific ethnic group, class, or social group, rejecting others on such basis as being unsuitable for marriage or other close personal relationships. A Greek Orthodox Christian endogamist, for example, would require that a marriage be only with another...
. In the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, many laws banning interracial marriage
Anti-miscegenation laws
Anti-miscegenation laws, also known as miscegenation laws, were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races...
, which were state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
s, were gradually repealed between 1948 and 1967. The U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
declared all such laws unconstitutional in the case of Loving v. Virginia
Loving v. Virginia
Loving v. Virginia, , was a landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v...
in 1967.
Polygamy
PolygamyPolygamy
Polygamy is a marriage which includes more than two partners...
, in which a person is married to more than one spouse at one time, is illegal in many countries, but accepted by other societies, though it is far less common than monogamy. In India, only Muslims are allowed to practice polygamy. Africa has the highest rate of polygamy in the world. In Senegal, for example, nearly 47 percent of marriages are multiple.
Polygamy is normally not permitted in most western countries, though some recognise bona fides polygamous marriages entered into in countries that routinely perform such marriages, such as in a Muslim country.
State recognition
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, ministers, rabbis, and many other religious authorities can act as viable agents of the state. In some countries, such as FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, 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
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s.
Marriage relationships may also be created by the operation of the law alone, as in common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
, sometimes called "marriage by habit and repute." This is a judicial recognition that two people who have been living as domestic partners
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
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
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
.
International recognition
Some countries give legal recognition to marriages performed in some other state under the Hague Convention on MarriagesInternational matrimonial law
International matrimonial law is an area of private international law . The area specifically deals with relations between spouses and former spouses on issues of marriage, divorce and child custody...
(1978). 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.
Notice
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.Formality
Australian family law
Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end....
, permit marriages to be held in private and at any location, others, including England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, require that the civil ceremony be conducted in a place specially sanctioned by law (e.g., a church or register office
Register office
A register office is a British term for a civil registry, a government office and depository where births, deaths and marriages are officially recorded and where you can get officially married, without a religious ceremony...
), 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.
See also
- Family lawFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
- MarriageMarriageMarriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
- Prohibited degree of kinshipProhibited degree of kinshipIn law, a prohibited degree of kinship refers to a degree of consanguinity between persons that results in certain actions between them becoming illegal. Two major examples of prohibited degrees are found in incest and nepotism. Incest is a taboo across all cultures worldwide, but which specific...
- Marriage Act 1961 of Australia