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A civil marriage is a marriage performed, recorded, and recognized by a government official. [1] Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.
Countries maintaining a population registry of its residents keeps track of marital status, [2] and all United Nations (UN) Member states except Iran, Somalia, South Sudan, Sudan, and Tonga have signed or ratified either the United Nations Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages (1962) [3] or the United Nations Convention on the Elimination of All Forms of Discrimination against Women (1979) which carry a responsibility to register marriages. [4] Most countries define the conditions of civil marriage separately from religious requirements. Certain states, such as Israel, allow couples to register only on the condition that they have first been married in a religious ceremony recognized by the state, or were married in a different country.
In medieval Europe, marriage was governed by canon law, which recognized only those marriages where the parties stated they took one another as husband and wife as valid, regardless of the presence or absence of witnesses. It was not necessary, however, to be married by any official or cleric. This institution was canceled in England with the enactment of "Lord Hardwicke's Marriage Act" of 1753, which required that, in order to be valid and registered, all marriages were to be performed in an official ceremony in a religious setting recognized by the state, i.e. Church of England, the Quakers, or in a Jewish ceremony. Any other form of marriage was abolished. Children born into unions that were not valid under the Act would not automatically inherit the property or titles of their parents. For historical reasons, the Act did not apply in Scotland. Consequently, until 1940, it continued to be enough in Scotland for a man and a woman to pledge their commitment to each other in front of witnesses to legalize their marriage. This led to an industry of "fast marriages" in Scottish towns on the border with England; the town of Gretna Green was particularly well known for this. In 1836, the requirement that the ceremony takes place in a religious forum was removed, and registrars have given the authority to register marriages not conducted by a religious official.
Many European countries had institutions similar to common-law marriage. However, the Catholic Church forbade clandestine marriage at the Fourth Lateran Council (1215), which required all marriages to be announced in a church by a priest. In 1566, the edict of the Council of Trent was proclaimed denying Catholics any form of marriage not executed in a religious ceremony before a priest and two witnesses.
The Protestant pastor and theologian of Geneva, John Calvin, decreed that in order for a couple to be considered married they must be registered by the state in addition to a church ceremony.
In 1792, with the French Revolution, religious marriage ceremonies in France were made secondary to civil marriage. Religious ceremonies could still be performed, but only for couples who had already been married in a civil ceremony. Napoleon later spread this custom throughout most of Europe. In present-day France, only civil marriage has legal validity. A religious ceremony may be performed after or before the civil union, but it has no legal effect.
In Germany, the Napoleonic code was valid only in territories conquered by Napoleon. With the fall of his empire, civil marriage in Germany began to die out. However, certain sovereign German states introduced civil marriages, which were either obligatory (like the French model) or optional, with either a religious or civil ceremony being accepted. Already before 1848, the Grand-Duchy of Saxe-Weimar-Eisenach enacted optional civil marriages, followed by the German republics of the Free City of Frankfurt upon Main (1850, obligatory), Free and Hanseatic City of Hamburg (1851, optional) and Free and Hanseatic City of Lübeck (1852, optional). German Grand-Duchies such as Oldenburg (1852/55, optional), Baden (1860), and Hesse (1860) as well as the Kingdom of Württemberg (1863) followed suit. [5] Civil marriages enabled interfaith marriages as well as marriages between spouses of different Christian denominations. After the unification of Germany in 1871, the Reichstag adopted a bill initiated by Chancellor Otto von Bismarck as the "Civil Marriage Law" in 1875 (see: Kulturkampf); since then, only civil marriages have been recognized in Germany. Religious ceremonies may still be performed at the couple's discretion. Until December 31, 2008, religious marriages could not be performed until the couple had first married in a civil ceremony.
Today marriages in England or Wales must be held in authorized premises, which may include register offices, premises such as stately homes, castles, and hotels that have been approved by the local authority, churches or chapels of the Church of England or Church in Wales, and other churches and religious premises that have been registered by the registrar general for marriage. [6]
Civil marriages require a certificate and at times a license, that testify that the couple is fit for marriage. A short time after they are approved in the superintendent registrar's office, a short non-religious ceremony takes place which the registrar, the couple, and two witnesses must attend; guests may also be present. Reference must not be made to God or any deity, or to a particular religion or denomination: this is strictly enforced, and readings and music in the ceremony must be agreed upon in advance. [7]
Marriage in the United States is largely regulated by state laws, though the Supreme Court has the authority to strike down unconstitutional laws — see cases Loving v. Virginia and Obergefell v. Hodges.
All states and the District of Columbia, as well as U.S. territories, require a marriage license issued by local civil authorities. As a rule, ministers of religion (e.g. rabbis or Christian pastors) are authorized in law to perform marriages; various state or local officials, such as a mayor, judge, deputy marriage commissioner, or justice of the peace, are also empowered to conduct civil wedding ceremonies, which may take place in public offices. Many counties in Pennsylvania allow self-uniting marriages for which no official minister is required, owing to the state's Quaker heritage. The type of ceremony (religious or civil) has no bearing on the legal validity of the marriage, and there is no requirement to precede a religious rite with a civil ceremony.[ citation needed ] Marriages performed outside of the United States are legally binding if officially recognized by the government of the country in which they are performed.
In most European and Latin American countries there is a civil ceremony requirement. Following the civil marriage ceremony, couples are free to marry in a religious ceremony. Such ceremonies, however, only serve to provide a religious recognition of the marriage, since the state's recognition has already been given. In some of these countries (e.g. Belgium, the Netherlands and Turkey) most couples marry without any religious ceremony at all. [8] Full, formal weddings, complete with wedding gowns and the presence of family and friends, are usually conducted in special ceremonial rooms in the town hall.
There is no civil marriage in many Middle Eastern countries like Egypt, Syria, [9] Jordan, [10] Saudi Arabia, Qatar, Iran, Lebanon, Palestine, and Israel, as well as Libya and Indonesia; [11] all marriages are conducted by religious authorities, and are registered by civil authorities only after having been registered by authorities of officially approved religions, or, having been registered abroad. Israel, Syria, and Lebanon officially recognize Islam, Christianity, Druze, and Judaism as different religious sects within the legal system; marriage is only possible within the same religion but allowed between different denominations of that religion. [12] In Lebanon, depending on the gender and religion, interfaith marriages are permissible. A Muslim man can marry a Christian or Jewish woman, but a Muslim woman cannot marry outside her faith. Additionally, Druze usually only law marriages between Druze. It demonstrates how in Lebanon gender and sect intersects in law and state affairs. [13] Additionally, Lebanon recognises civil marriages from abroad. [14] Contrary to the situation in Lebanon, Syrian law prohibits the recognition of any marriage that falls outside the existing proscriptions of its personal status laws, even if the couple marries abroad. [15] [lower-alpha 1] Egypt recognizes civil marriages but is very complicated. One needs to complete all necessary paperwork and then one must go[ where? ] with two men as one's witnesses. Foreigners will need a paper from their embassy. This yields particular problems for those refused divorce by their spouses, or couples in religious traditions that forbid divorce altogether. Malaysia and the United Arab Emirates allow civil marriage for non-Muslims only, [17] while in Kuwait, Bahrain and Afghanistan [18] it is allowed for foreign citizens only.
As of March 2024 [update] , the following jurisdictions permit same-sex marriages:
In 22 countries worldwide and in several jurisdictions within Mexico, a same-sex couple can be legally partnered in a civil union, domestic partnership or registered partnership. Couples in these unions or partnerships are afforded rights and obligations similar to, but not identical to, those of a married couple.
This is a demography of the population of Lebanon including population density, education level, health of the populace, economic status, religious affiliations and other aspects of the population.
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Marriage becomes a social construct to adjudicate the conflicts of interest between consenting individuals and a transactional means to fulfill their needs. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.
A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal.
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first act of sexual intercourse between two people, following their marriage to each other. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that no contraception must be used. In this sense, "a marriage is consummated only if the conjugal act performed deposits semen in the vagina".
Quaker weddings are the traditional ceremony of marriage within the Religious Society of Friends. Quaker weddings are conducted in a similar fashion to regular Quaker meetings for worship, primarily in silence and without an officiant or a rigid program of events, and therefore differ greatly from traditional Western weddings. In some respects a Quaker marriage resembles a common-law marriage.
Interfaith marriage, sometimes called interreligious marriage or "mixed marriage", is marriage between spouses professing different religions. Although interfaith marriages are often established as civil marriages, in some instances they may be established as a religious marriage. This depends on religious doctrine of each of the two parties' religions; some prohibit interfaith marriage, and among others there are varying degrees of permissibility.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Previously the minimum age of marriage was 16, with parental permission. This also applies to civil partnerships.
Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
The status of same-sex marriage in Israel is complex. Prior to 2022, marriages performed in Israel were only valid when registered with one of the 15 religious marriage courts recognized by the state, none of which permit same-sex marriage. Consequently, Israeli same-sex couples who wished to have their marriages recognized by the government first had to marry outside Israel, in a jurisdiction where such marriages are legal, and then register upon returning home. In November 2006, the High Court of Justice ruled that same-sex marriages performed abroad may be registered in Israel.
A marriage officiant or marriage celebrant is a person who officiates at a wedding ceremony.
In Israel, marriage can be performed only under the auspices of the religious community to which couples belong, and inter-faith marriages performed within the country are not legally recognized. However, marriages performed abroad or remotely from Israel must be registered by the government. Matrimonial law is based on the millet or confessional community system which had been employed in the Ottoman Empire, including what is now Israel, was not modified during the British Mandate of the region, and remains in force in the State of Israel.
Lebanon is an eastern Mediterranean country that has the most religiously diverse society within the Middle East, comprising 18 recognized religious sects. The religions are Islam and Christianity. The Druze comprise around 5% of Lebanon's population.
Religion in Syria refers to the range of religions practiced by the citizens of Syria. Historically, the region has been a mosaic of diverse faiths with a range of different sects within each of these religious communities.
The Constitution provides for the freedom to practice the rights of one's religion and faith in accordance with the customs that are observed in the kingdom, unless they violate public order or morality. The state religion is Islam. The Government prohibits conversion from Islam and proselytization of Muslims.
According to Article 9 of the Lebanese Constitution, all religions and creeds are to be protected and the exercise of freedom of religion is to be guaranteed providing that the public order is not disturbed. The Constitution declares equality of rights and duties for all citizens without discrimination or preference. Nevertheless, power is distributed among different religious and sectarian groups. The position of president is reserved for a Maronite Christian; the role of Presidency of Parliament for a Shiite Muslim; and the role of Prime Minister for a Sunni Muslim. The government has generally respected these rights; however, the National Pact agreement in 1943 restricted the constitutional provision for apportioning political offices according to religious affiliation. There have been periodic reports of tension between religious groups, attributable to competition for political power, and citizens continue to struggle with the legacy of the civil war that was fought along sectarian lines. Despite sectarian tensions caused by the competition for political power, the Lebanese continue to coexist.
Armenia does not recognize same-sex marriage or civil unions.
Marriage in Australia is regulated by the federal government, which is granted the power to make laws regarding marriage by section 51(xxi) of the constitution. The Marriage Act 1961 applies uniformly throughout Australia to the exclusion of all state laws on the subject.
Marriage in Israel is regulated by the religious courts of recognized confessional communities. However, civil marriages, including same-sex marriages, performed under foreign jurisdictions are recognized by Israeli law.
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