Marriage law

A Ketubah in Aramaic, a Jewish marriage-contract outlining the duties of each partner

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. This means they take a vow to be faithful and committed to one another.[6] 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".[7]

These rights and obligations vary considerably among legal systems, societies, and groups within a society,[8] 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.

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 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 Scottish law. (Such as Lydia Bennet and George Wickham in Pride and Prejudice.[9])

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,[10] 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.[11]

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.

Polygamy

  Polygamy is only legal for Muslims

  Polygamy is legal

  Polygamy is legal in some regions (Indonesia)

  Polygamy is illegal, but practice is not criminalised

  Polygamy is illegal and practice criminalised

  Legal status unknown

• In India, Malaysia, Philippines and Singapore polygamy is only legal for Muslims.
• In Nigeria and South Africa, polygamous marriages under customary law and for Muslims are legally recognized.
• In Mauritius, polygamous unions have no legal recognition. Muslim men may, however, "marry" up to four women, but they do not have the legal status of wives.

Polygamy—being married to more than one spouse—is illegal in many countries. While accepted by some societies, it is far less common than monogamy.[20]

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 Saskatchewan allows and sanctions polygamous relationships under legal jurisdictional statute.[21] 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.[22]

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.[23] In Senegal, for example, nearly 47 percent of marriages are multiple.[24] In India, only Muslims are allowed to practice polygamy.[25]

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 France, 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 marriages or civil unions.

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.[26]

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.[27]

Some countries give legal recognition to marriages performed in another country under the Hague Convention on Marriages (1978).[28] 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.

"Treasure legal marriage, fight illegal marriage!", a slogan in the village of Xinwupu, Yangxin County, Hubei

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.[29][30]

In the United Kingdom, if somebody refuses to recognise someone's marriage, then that marriage will be declared null and void. A marriage can also end when one partner dies. In addition, a marriage may also be ended by divorce or 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 (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987),[31] Paraguay (1991),[32] Colombia (1991* [33])[32] Ireland (1996), Chile (2004)[34] and Malta (2011).

• Family law
• Marriage
• Mesopotamian marriage law
• Prohibited degree of kinship
• Marriage Act 1961 of Australia

Wikisource has the text of the 1911 Encyclopædia Britannica article Husband and Wife.

• Lord Hardwicke 1754 Marriage Act