Marriage in the Republic of Ireland is a long-standing institution, regulated by various civil and religious codes over time. Today, marriages are registered by the civil registration service, and solemnised by a solemniser chosen from a list maintained by Department of Social Protection. [1] The list includes priests, imams, rabbis, humanist celebrants, civil registrars themselves, and others. The minimum age to marry in the Republic of Ireland is 18.
Three months advance notice of intent to marry, provided to the local branch of the civil registration service, is required, starting from when the relevant application is received by the service.
A marriage registration form must be prepared, and issued by the relevant civil registrar; [2] sometimes known as a marriage licence, no legal marriage can now occur without this.
Prior to the issue of the form, couples at least one of whom is a foreign national, or involving an EU national and a non-EU national, must attend an interview, and in certain circumstances, the civil registrar can refuse to issue the marriage licence. Such decisions can be appealed to the courts. [3] The marriage registration form is finalised after the solemnisation of the marriage, and becomes valid when signed by the two parties to the wedding, and the solemniser. [2]
As of 2017, 52.8% of opposite sex marriages were solemnised in Catholic church services, while 1,727 couples, for example, solemnised with Humanist Association of Ireland services and 1,159 couples with Spiritual Union of Ireland services. [2]
As of 2015, about 1/3 of marriages were solemnised by civil registrars; a limitation on this service was that it could only perform the ceremony from Monday to Friday, though venues beyond civil registry offices were permitted, with certain exclusions, such as beaches and private back gardens. [4]
Arranged marriages, both legal and illegal, were common before the end of the twentieth century, [5] [6] [7] [8] [9] [10] but later became more common among immigrant communities. [11] [12]
Prior to 1995, divorce was constitutionally prohibited; [13] both church and civil annulments (declarations that a marriage never existed legally, for example for reasons of incapacity) were possible but rare. Although the Catholic Church campaigned against divorce, [14] the Fifteenth Amendment of the Constitution of Ireland passed in 1995, and divorce was legalised. [15]
Same-sex marriage in the Republic of Ireland has been legal since 16 November 2015, following the 2015 Irish constitutional referendum. [16] Its introduction was preceded by the use of civil partnerships in 2010, which gave same-sex couples rights and responsibilities similar, but not equal to, those of civil marriage. [17]
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.
Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.
Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.
Same-sex marriage has been legal in Ontario since June 10, 2003. The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Reverend Brent Hawkes on January 14, 2001. The legality of the marriages was questioned and they were not registered until after June 10, 2003, when the Court of Appeal for Ontario in Halpern v Canada (AG) upheld a lower court ruling which declared that defining marriage in heterosexual-only terms violated the Canadian Charter of Rights and Freedoms.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland have improved greatly in recent decades, and are now among the most advanced in Europe. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation.
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.
Humanist Society Scotland is a Scottish registered charity that promotes humanist views and offers humanist wedding, funeral, and baby-naming ceremonies. It is a member of the European Humanist Federation and Humanists International.
A marriage certificate is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after the civil registration of the marriage.
Marriage in Scotland is recognised in the form of both civil and religious unions between individuals. Historically, the law of marriage has developed differently in Scotland to other jurisdictions in the United Kingdom as a consequence of the differences in Scots law and role of the separate established Church of Scotland. These differences led to a tradition of couples from England and Wales eloping to Scotland, most famously to marry at border towns such as Gretna Green. The legal minimum age to enter into a marriage in Scotland is sixteen years and does not require parental consent at any age.
The marriageable age is 16 with parental consent but 18 otherwise. Marriage must be between two otherwise unmarried people. If one of the parties wishing to marry is subject to immigration control, notice of marriage can only be given at a register office, which both parties must attend together. The UK Government was obliged, under the Northern Ireland Act 2019, to extend same-sex marriage to Northern Ireland by secondary legislation that took effect on 13 January 2020. Until then, same-sex marriages from other jurisdictions were treated as civil partnerships. Civil partnerships became available to same-sex couples in December 2005 and grant rights and responsibilities identical to civil marriage.
Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.
The matrimonial law of Singapore categorises marriages contracted in Singapore into two categories: civil marriages and Muslim marriages. The Registry of Marriage (ROM) administers civil marriages in accordance to the Women's Charter, while the Registry of Muslim Marriages (ROMM) administers Muslim marriages in accordance to the Administration of Muslim Law Act (AMLA). All marriages performed in Singapore must be registered with the relevant registry in order to be legally valid.
Scots family law is the body of laws in Scotland which regulate certain aspects of adult relationships and the rights and obligations in respect of children.
The Marriage Act, 1961 is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984. Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament.
Marriage in New Zealand is governed by an Act of Parliament. The minimum marriage age is 18 years, or 16 years with consent of the Family Court. Polygamous marriages are not permitted in New Zealand. There are prohibitions of marriages between some relatives and some who are already in a civil union.
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.
The Thirty-fourth Amendment of the Constitution Act 2015 amended the Constitution of Ireland to permit marriage to be contracted by two persons without distinction as to their sex. Prior to the enactment, the Constitution was assumed to contain an implicit prohibition on same-sex marriage in the Republic of Ireland. It was approved at a referendum on 22 May 2015 by 62% of voters on a turnout of 61%. This was the first time that a state legalised same-sex marriage through a popular vote. Two legal challenges regarding the conduct of the referendum were dismissed on 30 July by the Court of Appeal, and the bill was signed into law by the President of Ireland on 29 August. An amendment to the Marriage Act 2015 provided for marriages permitted by the new constitutional status. The act came into force on 16 November 2015; the first same-sex marriage ceremony was held on 17 November 2015.
A civil, or registrar, ceremony is a non-religious legal marriage ceremony performed by a government official or functionary. In the United Kingdom, this person is typically called a registrar. In the United States, civil ceremonies may be performed by town, city, or county clerks, judges or justices of the peace, or others possessing the legal authority to support the marriage as the wedding officiant.
The Marriage Act 2015 is an act of the Oireachtas which provides for same-sex marriage in Ireland. The act gives legislative effect in statute law to the Thirty-fourth Amendment of the Constitution of Ireland, which mandates such provision. It was introduced on 15 September 2015 and signed into law on 29 October 2015, and commenced on 16 November 2015.