Marriage law

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Marriage law by country
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State recognizes civil marriages only
State recognizes both civil and certain religious marriages
State recognizes civil marriages; no additional information
State recognizes religious marriages only
Civil marriages only for foreigners
Civil marriages only for non-Muslims Marriage law.svg
Marriage law by country
  State recognizes civil marriages only
  State recognizes both civil and certain religious marriages
  State recognizes civil marriages; no additional information
  State recognizes religious marriages only
  Civil marriages only for foreigners
  Civil marriages only for non-Muslims

Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.

Contents

Summary table

Country/territoryCivil marriagesReligious marriagesCustomary marriages [1] [ definition needed ]DivorceSame-sex
marriages
Polygamous
marriages
Flag of the Taliban.svg  Afghanistan Foreigners onlyRecognizedLegalUnrecognizedLegal [lower-alpha 1] [2] [3] [4]
Flag of Albania.svg  Albania PerformedNot recognizedNot recognizedLegalUnrecognizedIllegal
Flag of Algeria.svg  Algeria PerformedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Andorra.svg  Andorra PerformedNot recognizedLegalLegalIllegal
Flag of Angola.svg  Angola PerformedRecognizedLegalUnrecognizedIllegal
Flag of Argentina.svg  Argentina PerformedNot recognizedLegalLegalIllegal
Flag of Armenia.svg  Armenia PerformedNot recognizedNot recognizedLegalUnrecognized [lower-alpha 2] Illegal
Flag of Australia (converted).svg  Australia PerformedRecognized [5] Not recognizedLegalLegalIllegal
Flag of Austria.svg  Austria PerformedNot recognized [5] Not recognizedLegalLegalIllegal
Flag of Azerbaijan.svg  Azerbaijan PerformedNot recognizedLegalUnrecognizedIllegal
Flag of the Bahamas.svg  Bahamas PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Bahrain.svg  Bahrain Foreigners onlyRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Bangladesh.svg  Bangladesh PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Belarus.svg  Belarus PerformedNot recognized [5] Not recognizedLegalUnrecognizedIllegal
Flag of Belize.svg  Belize PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Bhutan.svg  Bhutan PerformedRecognizedLegalUnrecognizedLegal
Flag of Belgium (civil).svg  Belgium PerformedNot recognized [5] Not recognizedLegalLegalIllegal
Flag of Benin.svg  Benin PerformedRecognizedLegalUnrecognizedDecriminalized
Flag of Bolivia.svg  Bolivia PerformedNot recognizedNot recognizedLegalUnrecognizedIllegal [6]
Flag of Botswana.svg  Botswana PerformedRecognizedLegalUnrecognizedIllegal
Flag of Brazil.svg  Brazil PerformedNot recognizedNot recognizedLegalLegalIllegal
Flag of Brunei.svg  Brunei PerformedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Bulgaria.svg  Bulgaria PerformedNot recognizedNot recognizedLegalUnrecognizedIllegal
Flag of Burkina Faso.svg  Burkina Faso PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Burundi.svg  Burundi PerformedLegalUnrecognizedIllegal
Flag of Cameroon.svg  Cameroon PerformedNot recognizedLegalUnrecognizedLegal
Flag of Canada (Pantone).svg  Canada PerformedRecognized [5] Not recognizedLegalLegalIllegal
Flag of the Central African Republic.svg  Central African Republic PerformedLegalUnrecognizedLegal
Flag of Chad.svg  Chad PerformedLegalUnrecognizedLegal [7] [8] [9]
Flag of Chile.svg  Chile PerformedNot recognized [5] Not recognizedLegalLegalIllegal
Flag of the People's Republic of China.svg  China PerformedNot recognizedNot recognizedLegalUnrecognizedIllegal
Flag of Colombia.svg  Colombia PerformedRecognized [5] Not recognizedLegalLegalIllegal
Flag of the Comoros.svg  Comoros PerformedLegalUnrecognizedLegal
Flag of Croatia.svg  Croatia PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Cuba.svg  Cuba PerformedNot recognizedNot recognizedLegalLegalIllegal
Flag of Cyprus.svg  Cyprus PerformedRecognized [10] Not recognizedLegalUnrecognizedIllegal
Flag of the Czech Republic.svg  Czech Republic PerformedNot recognizedLegalUnrecognizedIllegal
Flag of the Democratic Republic of the Congo.svg  Democratic Republic of the Congo PerformedRecognizedRecognizedLegalUnrecognizedIllegal [11] [12] [13]
Flag of Denmark.svg  Denmark PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of Djibouti.svg  Djibouti PerformedLegalUnrecognizedLegal
Flag of Ecuador.svg  Ecuador PerformedNot recognizedLegalLegalIllegal
Flag of Egypt.svg  Egypt PerformedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Equatorial Guinea.svg  Equatorial Guinea PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Eritrea.svg  Eritrea PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Estonia.svg  Estonia PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of Eswatini.svg  Eswatini PerformedRecognizedLegalUnrecognizedLegal
Flag of Ethiopia.svg  Ethiopia PerformedRecognized [5] Not recognizedLegalUnrecognizedIllegal
Flag of Fiji.svg  Fiji PerformedLegalUnrecognizedIllegal [14]
Flag of Finland.svg  Finland PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of France.svg  France PerformedNot recognized [10] Not recognizedLegalLegalIllegal
Flag of Gabon.svg  Gabon PerformedLegalUnrecognizedLegal
Flag of The Gambia.svg  Gambia PerformedRecognizedRecognizedLegalUnrecognizedLegal
Flag of Georgia.svg  Georgia PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Germany.svg  Germany PerformedNot recognizedLegalLegalIllegal
Flag of Ghana.svg  Ghana PerformedRecognized [5] RecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Greece.svg  Greece PerformedRecognized [10] Not recognizedLegalLegal [lower-alpha 4] Illegal
Flag of Guinea.svg  Guinea PerformedLegalUnrecognizedLegal
Flag of Guinea-Bissau.svg  Guinea-Bissau PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Guyana.svg  Guyana PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Hong Kong.svg  Hong Kong PerformedRecognizedNot recognizedLegalUnrecognizedIllegal
Flag of Hungary.svg  Hungary PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Iceland.svg  Iceland PerformedRecognized [5] Not recognizedLegalLegalIllegal
Flag of India.svg  India [15] PerformedRecognized [5] RecognizedLegalUnrecognizedMuslims only [lower-alpha 1]
Flag of Indonesia.svg  Indonesia PerformedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Iran.svg  Iran Not performedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Iraq.svg  Iraq PerformedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Ireland.svg  Ireland PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of Israel.svg  Israel Not performed
Recognized
  • Jewish
  • Muslim
  • 10 Christian denominations
  • Druze
Not recognizedLegalUnrecognized [lower-alpha 2] Illegal
Flag of Italy.svg  Italy PerformedRecognized [10] Not recognizedLegalUnrecognizedIllegal
Flag of Cote d'Ivoire.svg  Ivory Coast PerformedLegalUnrecognizedIllegal
Flag of Jamaica.svg  Jamaica PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Japan.svg  Japan PerformedNot recognized [16] Not recognizedLegalUnrecognizedIllegal
Flag of Jordan.svg  Jordan Not performedRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Kazakhstan.svg  Kazakhstan PerformedNot recognizedLegalUnrecognizedDecriminalized
Flag of Kenya.svg  Kenya [17] Performed
Recognized
  • Christian
  • Muslim
  • Hindu
RecognizedLegalUnrecognizedLegal
Flag of Kiribati.svg  Kiribati PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Kosovo.svg  Kosovo PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Kuwait.svg  Kuwait Foreigners onlyRecognizedNot recognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Laos.svg  Laos PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Latvia.svg  Latvia PerformedRecognized [10] Not recognizedLegalUnrecognizedIllegal
Flag of Lebanon.svg  Lebanon Not performedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Lesotho.svg  Lesotho PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Liberia.svg  Liberia PerformedRecognized [5] RecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Libya.svg  Libya Not performedRecognizedNot recognizedLegalUnrecognizedMuslims only [lower-alpha 1]
Flag of Liechtenstein.svg  Liechtenstein PerformedLegalLegal [lower-alpha 5] Illegal [18] [19]
Flag of Lithuania.svg  Lithuania PerformedRecognized [10] Not recognizedLegalUnrecognizedIllegal
Flag of Luxembourg.svg  Luxembourg PerformedNot recognized [5] Not recognizedLegalLegalIllegal
Flag of Madagascar.svg  Madagascar PerformedLegalUnrecognizedIllegal
Flag of Malawi.svg  Malawi PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Malaysia.svg  Malaysia Non-muslims onlyRecognizedNot recognizedLegalUnrecognizedMuslims only
Flag of Maldives.svg  Maldives PerformedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Mali.svg  Mali PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Mauritania.svg  Mauritania Not performedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Mauritius.svg  Mauritius PerformedRecognizedLegalUnrecognizedIllegal
Flag of Mexico.svg  Mexico PerformedNot recognizedNot recognizedLegalLegalIllegal
Flag of Monaco.svg  Monaco PerformedNot recognizedLegalUnrecognizedIllegal
Flag of Mongolia.svg  Mongolia PerformedLegalUnrecognizedIllegal
Flag of Morocco.svg  Morocco PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Mozambique.svg  Mozambique PerformedLegalUnrecognizedDecriminalized
Flag of Namibia.svg  Namibia PerformedNot recognizedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Nepal.svg    Nepal PerformedLegalAmbiguousIllegal
Flag of the Netherlands.svg  Netherlands PerformedNot recognized [5] Not recognizedLegalLegal [lower-alpha 6] Illegal
Flag of New Zealand.svg  New Zealand PerformedRecognized [5] Not recognizedLegalLegalIllegal
Flag of Niger.svg  Niger PerformedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Nigeria.svg  Nigeria PerformedRecognizedRecognizedLegalUnrecognizedLegal
(northern regions) [lower-alpha 1]
Flag of North Korea.svg  North Korea PerformedNot recognizedNot recognizedLegalUnrecognizedIllegal
Flag of Norway.svg  Norway PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of Oman.svg  Oman PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Pakistan.svg  Pakistan PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Palestine.svg  Palestine Not performedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Papua New Guinea.svg  Papua New Guinea PerformedLegalUnrecognizedIllegal
Flag of Peru.svg  Peru PerformedNot recognized [5] Not recognizedLegalUnrecognizedIllegal
Flag of the Philippines.svg  Philippines PerformedRecognized [5] Illegal
(except Muslims)
UnrecognizedMuslims only [lower-alpha 1]
Flag of Poland.svg  Poland Performed
Recognized
10 Christian denominations and Jewish community [20]
Not recognizedLegalUnrecognizedIllegal
Flag of Portugal.svg  Portugal PerformedRecognized [5] LegalLegalIllegal
Flag of Qatar.svg  Qatar Not performedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of the Republic of the Congo.svg  Republic of Congo PerformedLegalUnrecognizedLegal
Flag of Romania.svg  Romania PerformedLegalUnrecognizedIllegal
Flag of Russia.svg  Russia PerformedNot recognizedNot recognizedLegalUnrecognizedDecriminalized
Flag of Rwanda.svg  Rwanda [21] PerformedNot recognizedNot recognizedLegalUnrecognizedIllegal
Flag of Saudi Arabia.svg  Saudi Arabia Not performedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Senegal.svg  Senegal PerformedRecognizedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Sierra Leone.svg  Sierra Leone PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 3]
Flag of Singapore.svg  Singapore PerformedMuslim marriages onlyNot recognizedLegalUnrecognizedMuslims only [lower-alpha 1]
Flag of Slovakia.svg  Slovakia PerformedRecognized [10] LegalUnrecognizedIllegal
Flag of Slovenia.svg  Slovenia PerformedLegalLegalIllegal
Flag of the Solomon Islands.svg  Solomon Islands PerformedRecognizedRecognizedLegalUnrecognizedLegal [lower-alpha 3] [22]
Flag of Somalia.svg  Somalia PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of South Africa.svg  South Africa PerformedRecognizedRecognizedLegalLegal [lower-alpha 4] Legal [lower-alpha 3]
Flag of South Korea.svg  South Korea PerformedLegalUnrecognizedIllegal
Flag of South Sudan.svg  South Sudan PerformedRecognizedLegalUnrecognizedLegal
Flag of Spain.svg  Spain PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of Sri Lanka.svg  Sri Lanka PerformedRecognized [5] LegalUnrecognizedMuslims only [lower-alpha 1]
Flag of Sweden.svg  Sweden PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of Switzerland (Pantone).svg   Switzerland PerformedLegalLegalIllegal
Flag of Sudan.svg  Sudan PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of Syria.svg  Syria PerformedRecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of the Republic of China.svg  Taiwan PerformedLegalLegalIllegal
Flag of Tanzania.svg  Tanzania PerformedRecognized [5] RecognizedLegalUnrecognizedLegal
Flag of Thailand.svg  Thailand PerformedLegalUnrecognizedIllegal
Flag of Togo (3-2).svg  Togo PerformedLegalUnrecognizedLegal
Flag of Tunisia.svg  Tunisia PerformedLegalUnrecognizedIllegal
Flag of Turkey.svg  Turkey PerformedNot recognized [5] Not recognizedLegalUnrecognizedIllegal
Flag of Turkmenistan.svg  Turkmenistan PerformedLegalUnrecognizedIllegal
Flag of Uganda.svg  Uganda PerformedRecognizedRecognizedLegalUnrecognizedLegal
Flag of Ukraine.svg  Ukraine PerformedNot recognized [5] Not recognizedLegalUnrecognizedIllegal
Flag of the United Arab Emirates.svg  United Arab Emirates Non-muslims only [23] RecognizedLegalUnrecognizedLegal [lower-alpha 1]
Flag of the United Kingdom.svg  United Kingdom PerformedRecognized [10] Not recognizedLegalLegalIllegal
Flag of the United States.svg  United States PerformedLegalLegalIllegal
Flag of Uruguay.svg  Uruguay PerformedLegalLegalIllegal
Flag of Vanuatu.svg  Vanuatu PerformedRecognizedRecognizedLegalUnrecognized [24] [25]
Flag of Vatican City (2023-present).svg  Vatican City RecognizedNot recognizedIllegalUnrecognizedIllegal
Flag of Venezuela.svg  Venezuela PerformedLegalUnrecognizedIllegal
Flag of Vietnam.svg  Vietnam PerformedLegalNot recognizedIllegal
Flag of Yemen.svg  Yemen Not performedRecognizedLegalNot recognizedLegal [lower-alpha 1]
Flag of Zambia.svg  Zambia PerformedRecognizedRecognizedLegalNot recognizedLegal
Flag of Zimbabwe.svg  Zimbabwe PerformedRecognizedRecognizedLegalNot recognizedLegal [lower-alpha 3]
  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Men can have up to 4 wives
  2. 1 2 Foreign same-sex marriages recognized
  3. 1 2 3 4 5 6 7 8 9 10 11 12 Customary marriages only
  4. 1 2 Civil marriages only
  5. Legal beginning in 2025
  6. Not performed in Sint Marteen


Rights and obligations

A Ketubah in Aramaic, a Jewish marriage-contract outlining the duties of each partner V03p128a01 Ketubah.jpg
A Ketubah in Aramaic, a Jewish marriage-contract outlining the duties of each partner
...It (Marriage) does not mean that a man has unfettered right to demand and commit sexual intercourse with his wife without her consent or approval, nor it implies that the husband is in dominant position to impose himself upon the wife. The husband cannot indulge in sexual intimacy in such a manner that is discomforting to the wife to her body, mind and soul.principal judge Dharmesh Sharma, Delhi court ruling, in lieu of marital rape law in India. [26]

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). 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". [27]

These rights and obligations vary considerably among legal systems, societies, and groups within a society, [28] and may include:

Common law marriage

Common-law marriages were valid in England until Lord Hardwicke's Act of 1753. The act did not apply to Scotland, however, and for many years thereafter couples went north across the border to thwart the ban. On the European continent, common-law marriages were frequent in the Middle Ages, but their legality was abolished in the Roman Catholic countries by the Council of Trent (1545–1563), which required that marriages be celebrated in the presence of a priest and two witnesses. [29]

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. The Council of Trent (1545–1563) introduced more specific requirements, ruling that future marriages would be valid only if witnessed by the pastor of the parish or the local ordinary (the bishop of the diocese) or by the delegate of one of the said witnesses, the marriage being invalid otherwise, even if witnessed by a Catholic priest. 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. [30]

It is sometimes mistakenly claimed [31] that before the Marriage Act 1753 cohabiting couples would enjoy the protection of a "common-law marriage". In fact, neither the name nor the concept of "common-law marriage" was known at this time. [32] Far from being treated as if they were married, couples known to be cohabiting risked prosecution by the church courts for fornication. [33]

The Marriage Act 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in what became the United States and Canada. Although it is claimed that common-law marriage in the US originated in English common-law, this institution in the United States appears to have originated in the primitive conditions of colonial America where the presence of relatively few clerics or civil officials necessitated a substitute for ceremonial marriage, and the need expanded as the settlers moved into the sparsely populated regions of the West. [34] 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 [35] (see Common-law marriage in the United States).

All countries in Europe have now abolished "marriage by habit and repute", with Scotland being the last to do so in 2006. [36]

Australia has recognized de facto relationships since the Family Law Act of 2009.

In the United States by the second half of the 20th century, common-law marriages were valid in about one-third of the states, absolutely or conditionally (if entered into before a certain statute-defined date). [37]

Marriage restrictions

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. [38]

Discrimination in marriage rights

Marriages between non-Koreans in South Korea

Discrimination occurs when two foreigners of two different nationalities decide to get married under South Korean law, because government offices will not issue foreigners the same "Marriage Certificate" ("혼인관계증명서") that is issued to two Koreans. In the case of two foreigners, the certificate is called "수리증명서", which is translated as "Certificate of Repair", not "Certificate of Marriage Registration" as stated on the US Embassy & Consulate website. [39]

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 the U.S. the minimum age for marriage without parental and/or judicial approval is 18 except for Nebraska (19) and Mississippi (21); but most states allow exceptions to the general minimum age in some circumstances (see Marriage age in the United States). [40] 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. In Nigeria, because most marriages are religious ones, there is no strict minimum age for marriage. The issues of age is in most cases determined by respective religious bodies coordinating the marriage as well as the parent's consent. In Sierra Leone, the president has banned marriages for children ages 18 and under and imposed steep fines on adult spouses. [41] In the Philippines, the minimum legal age for marriage is 18, but individuals who are 16 or 17 can marry with parental consent. However, the country has specific provisions for Muslim marriages, which may differ from civil marriage regulations.[ citation needed ]

Gender restrictions

Legal, social, 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 now recognize marriages between people of the same sex. Other jurisdictions have instead "civil unions" or "domestic partnerships", while additional others explicitly prohibit same-sex marriages.

In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child". [42] In 2001, the Netherlands became the first country in the world to legalize same-sex marriage. [43] [44] As of February 2024, marriage between same-sex couples is legally performed and recognized in 37 countries- the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, Brazil, France, Uruguay, New Zealand, Luxembourg, the United States, Ireland, Colombia, Finland, Malta, Germany, Australia, Austria, Taiwan, Ecuador, the United Kingdom, Costa Rica, Chile, Switzerland, Slovenia, Cuba, Mexico, Andorra, Estonia and Greece. [45] As of August 2024, Thailand, Liechtenstein and Nepal have recognized same-sex marriage (In Nepal, it is not yet fully recognized with the same rights as opposite-sex marriages, and on June 28 2023, Supreme Court Justice Til Prasad Shrestha directed the government to establish a "separate register" for "sexual minorities and non-traditional couples" and to "temporarily register their marriages”). [46] Marriage equality in Liechtenstein will come into effect on January 1 2025. The equal marriage bill in Thailand was passed with an overwhelming majority (130-4) on March 27 2024. [47]

In 2019, Taiwan became the first country in Asia to legalize same-sex marriage. [48] Thailand is expected to become the first country in Southeast Asia to recognize same-sex marriage after a marriage equality bill passed both the House of Representatives and the Senate. [49] [50]

Civil union, civil partnership, domestic partnership, and registered partnership statuses offer varying legal benefits of marriage. As of 14 September 2024, countries that have an alternative form of legal recognition other than marriage on a national level are: Bolivia, Croatia, Cyprus, the Czech Republic, Hungary, Italy, Latvia, Monaco, Montenegro, and San Marino. [51] [52]

Further religious conflicts

These developments have created a political and religious reaction in some countries, including in England, where the Church of England, after long debate, officially banned blessings of gay couples by Church of England clergy, [53] and in the United States, which continues to experience conflicts, based upon religious grounds.

Kinship restrictions

Kinship is two people that are related by blood or adoption, such as brother, sister, mother, father, aunt, uncle etc. The U.S. is the only western country with cousin marriage restrictions, no European country prohibits marriage between first cousins. [54] 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 medieval Catholic Church prohibited marriage even between distant cousins.

In the United Kingdom, the Deceased Wife's Sister's Marriage Act 1907 removed the previous prohibition for a man to marry the sister of his deceased wife. In Australia, marriage with an ancestor or descendant is prohibited, as is a marriage between a brother and a sister, whether of whole blood or half-blood and even if the brother or sister has been adopted.

All mainstream religions prohibit some marriages on the basis of the consanguinity (lineal descent) and affinity (kinship by marriage) of the prospective marriage partners, though the standards vary.[ citation needed ]

Social restrictions

In the Indian Hindu community, [55] 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 gurukuls 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 Uttara, the dance student of Arjuna in Mahabharata. The Hindu Marriage Act, 1955 [56] 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. In South Korea, marriage between people having the same surname and belonging to the same clan was prohibited by the Article 809 of the Korean Civil Code, until the act was determined "non-conforming to the Constitution" in 1997. [57]

Societies have also at times required marriage from within a certain group. Anthropologists refer to these restrictions as endogamy. An example of such restrictions would be a requirement to marry someone from the same tribe. Racist laws adopted by some societies in the past—such as Nazi-era Germany, apartheid-era South Africa, and most of the United States in the nineteenth and the first half of the 20th century—and which prohibited marriage between persons of different races could also be considered examples of endogamy.

In modern Israel, the status of marriage is the same as it was historically under the Ottoman Empire and the British mandate, where civil marriage does not exist and authority for marriage is given by the state solely to the recognized religious denominations (Orthodox Judaism, Islam, Druze, and ten Christian denominations (primarily Orthodox Christianity and Catholicism, but also including the Episcopal Church). [58] Israeli couples who wish to contract a marriage that are not allowed under the auspices of any of these religious denominations (including same-sex marriages, marriages involving Israelis of Jewish descent who are not recognized by the state as Jewish and marriages between non-Jewish Arab citizens of Israel and Israeli Jews) or simply wish to get legally married outside the auspices of one of these institutions cannot do so in Israel itself. However, Israel does recognize civil marriages between Israeli citizens that are contracted abroad, including same-sex marriage, so couples in these situations will often hold a non-binding ceremony in Israel and fly abroad (often to nearby Cyprus) to contract a legal marriage that is then recognized in Israel. [59]

In the U.S., many laws banning interracial marriage, which were state laws, 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. [60]

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. Legality of polygamy.svg
  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 most countries. Where polygamous marriages are allowed, it is typically polygyny that is permitted. While accepted by some societies, it is far less common than monogamy. [61]

Polygamy is normally not permitted in most Western countries, although some recognize bona fide polygamous marriages that were performed in other countries. 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. [62]

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 New Marriage Law of 1950 after the Communist Revolution. [63]

In Islam, polygamy is permitted by the Quran (4:3), which states, in a verse setting rules for the adoption of orphans, "If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice (between your wives) then ˹content yourselves with˺ one or those ˹bondwomen˺(slaves) in your possession. This way you are less likely to commit injustice (to the orphan girls in your care)". [64]

Africa has the highest rate of polygamy in the world. [65] In India, only Muslims are allowed to practice polygamy. [66]

Polygamy, taking the form of polygyny, is most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria. [67] In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). [67] Polygyny is especially widespread in West Africa, with the countries estimated to have the highest polygyny prevalence in the world as of 2019 being Burkina Faso (36%), Mali (34%) and Gambia (30%). [67] Outside of Africa, the highest prevalence is in Afghanistan, Yemen and Iraq. [67]

Medical examination

Beginning in the early 20th century, a number of jurisdictions have mandated premarital medical testing or examinations for one or both parties. One of the most commonly mandated was a blood test for syphilis. Between the 1930s and 1950s, most US states passed laws requiring both parties to a marriage to undergo a Wassermann test (or equivalent) for syphilis. If one of the parties was found to have communicable syphilis, they would generally be prevented from marrying until they underwent treatment to resolve the infection. Before the availability of penicillin after World War II, the treatment of syphilis entailed a course of arsenic-based drugs for up to a year or more. These statutes were eventually repealed between the 1970s and 2000s, because they were considered to no longer be a cost-effective public health measure. [68]

In the 1980s and 1990s, many US state legislatures considered laws requiring premarital HIV testing, though only a small number were adopted, and were only briefly active before being repealed. [69] As of 2010, premarital HIV testing is legally mandated in Bahrain, certain provinces of China, Libya, Saudi Arabia, the United Arab Emirates, and Uzbekistan. [70]

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 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.

In a few jurisdictions, a marriage relationship may also be created by the operation of the law alone, as in common-law marriage, sometimes called "marriage by habit and repute." However, the term "common-law marriage" has wider informal use, and is commonly used to refer to cohabiting couples, regardless of any rights they may have. The institution of common-law marriage, in its original legal meaning, has been abolished in almost all jurisdictions that used to have it, and only survives in a few US states. In several jurisdictions, such as parts of Canada, while the law recognizes unmarried couples for various purposes, such relations are not common-law marriages within the original meaning of this legal concept. (see common-law marriage vs. cohabitation). The informal use of the term "common-law marriage" has given rise to many public misconceptions regarding this legal institution. [71]

The status in the eyes of one authority may not be the same as for another. For example, a marriage may be recognized civilly, but not by a church, and vice versa. [72] Normally a marriage entered into in one country will be recognized in other countries. [73] Sometimes, however, a religious ceremony or a marriage entered into in one country is not recognized by another, such as a same-sex marriage. [74]

In the United States, various states have proposed and enacted changes to their marriage laws. New Jersey introduced bills allowing remote application for marriage licenses and virtual ceremonies using video-conferencing technology. New York has similar proposals, including waiving the 24-hour waiting period for military personnel. New Mexico is considering legislation to amend the minimum age for marriage and expand who can officiate weddings, while South Dakota raised the legal marriage age to 18 without exceptions. Additionally, Utah passed a law protecting interracial marriages explicitly. [75]

At present, South Africa is the only country to legally recognize both polygamy and same-sex marriage, though same-sex couples are excluded from entering into polygamous marriages. [76] While it has been argued that "polygamy offers same-sex marriage advocates a reason to reject the claim that there is a long tradition of defining marriage between one man and one woman", [77] the apparent mutual exclusivity of polygamy and same-sex marriage may reflect a view that "advocates should continue to distance same-sex marriage from plural marriage" even though "polygamy and same-sex marriage may share some common ground". [78]

International recognition

Some countries give legal recognition to marriages performed in another country under the Hague Convention on Marriages (1978). [79] For this to apply, both the country of marriage and the country where recognition is sought need to be convention members.

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. [80]

License

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.

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. [81] This practice is also known as a "Banns", coming from Middle English meaning "Proclamation." This custom was in place as a mechanism to necessitate the consent of parents as well as the wider community. Some countries continuing this custom are Ireland (3 months) [82] and India (30 days). [83]

Formality

"Treasure legal marriage, fight illegal marriage!", a slogan in the village of Xinwupu, Yangxin County, Hubei Xinwupu-entrance-sign-0036.jpg
"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.

Ending a marriage

A marriage can end when one partner dies, by divorce, or by annulment. Divorce laws vary significantly by country. The only countries that do not allow divorce are the Philippines and the Vatican City, an ecclesiastical state, which has no procedure for divorce, although the Philippines is considering making divorce legal as of 2024. [84] Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), [85] Paraguay (1991), [86] Colombia (1991) [lower-alpha 1] [86] Ireland (1996), Chile (2004) [87] and Malta (2011). [88]

See also

Notes

  1. Divorce between 1976-1991 was allowed only for non-Catholics.

Related Research Articles

<span class="mw-page-title-main">Marriage</span> Culturally recognised union between people

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. 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.

Polygamy is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more than one husband at the same time, it is called polyandry. In sociobiology and zoology, researchers use polygamy in a broad sense to mean any form of multiple mating.

Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage.

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country.

<span class="mw-page-title-main">Bigamy</span> Act of having two concurrent marriages

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

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.

Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.

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.

A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, or an annulment may be required to remove any legal impediment to a subsequent marriage. A marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.

<span class="mw-page-title-main">Marriage in Israel</span> Legal status of marriages and divorces in the state of Israel

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.

Polygamy is the practice of having more than one spouse at the same time. Specifically, polygyny is the practice of one man taking more than one wife while polyandry is the practice of one woman taking more than one husband. Polygamy is a common marriage pattern in some parts of the world. In North America, polygamy has not been a culturally normative or legally recognized institution since the continent's colonization by Europeans.

Marriage in the United States is a legal, social, and religious institution. The marriage age is set by each state and territory, either by statute or the common law applies. An individual may marry without parental consent or other authorization on reaching 18 years of age in all states except in Nebraska and Mississippi In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.

The legal status of polygamy varies widely around the world. Polygyny is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent.

Polygamy is the practice of having more than one spouse; while prohibited under Zimbabwean civil law, polygamous marriages may be performed under the country's customary law. Less than one-fifth of the country's population are engaged in polygamy.

Cohabitation in the United States is loosely defined as two or more people, in an intimate relationship, who live together and share a common domestic life but are neither joined by marriage nor a civil union.

South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife ; (ii) parents, guardians and children; and (iii) relatives related through blood and affinity."

"As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history [...]. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it's a paradise, for judges a purgatory."

<span class="mw-page-title-main">Polygamy in New Zealand</span>

Polygamous marriages may not be performed in New Zealand. A married person who enters into another marriage in New Zealand is guilty of the crime of bigamy. Similar rules apply for civil unions, which have been legal in New Zealand since 2005. However, polygamous marriages legally performed in another country have limited recognition in New Zealand law, provided that no person involved was living in New Zealand at the time of the union.

<span class="mw-page-title-main">Marriage in Australia</span>

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.

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