Proxy marriage

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A proxy wedding or proxy marriage is a wedding in which one or both of the individuals being united are not physically present, usually being represented instead by other persons. If both partners are absent a double proxy wedding occurs.

Contents

Marriage by proxy is usually resorted to either when a couple wish to marry but one or both partners cannot attend for reasons such as military service, imprisonment, or travel restrictions; or when a couple lives in a jurisdiction in which they cannot legally marry.

Proxy weddings are not recognized as legally binding in most jurisdictions: both parties must be present. Under the English common law, if a proxy marriage is valid by the law of the place where the marriage was celebrated (the lex loci celebrationis ) then it will be recognised in England and Wales. [1] [2]

History

The Wedding by Proxy of Marie de' Medici to King Henry IV by Peter Paul Rubens (1622-25) Peter Paul Rubens 052.jpg
The Wedding by Proxy of Marie de' Medici to King Henry IV by Peter Paul Rubens (1622–25)

Starting in the Middle Ages, European monarchs and nobility sometimes married by proxy. Some examples of this include:

Further, a famous 17th-century painting by Peter Paul Rubens depicts the proxy marriage of Marie de' Medici in 1600. By the end of the 19th century the practice had largely died out. [dead link 1]

Today

As of 2015, various Internet sites offer to arrange proxy and double-proxy marriages for a fee, although the service can generally be set up by any lawyer in a jurisdiction that offers proxy marriage. Video conferencing allows couples to experience the ceremony together. [3] A unique "space wedding" took place on August 10, 2003 when Ekaterina Dmitriev, an American citizen living in the U.S. state of Texas where the ceremony was performed, married Yuri Malenchenko, a cosmonaut, who was orbiting the Earth in the International Space Station, by proxy. [4]

Legality

United States

In the United States, proxy marriages are provided for in law or by customary practice in Texas, Colorado, Kansas, and Montana. [5] [6] [7] Of these, Montana is the only state that allows double-proxy marriage. [8] Proxy marriages cannot be solemnized in any other U.S. states. [9]

In 1924, a federal court recognized the proxy marriage of a resident of Portugal, where proxy marriages were recognized at the time, and a resident of Pennsylvania, where common-law marriages could be contracted at the time. [10] The Portuguese woman was allowed to immigrate to the United States on account of the marriage, whereas she would have been inadmissible otherwise due to being illiterate. [10]

During the early 1900s, United States proxy marriages increased significantly when many Japanese picture brides arrived at Angel Island, California. Since the early 20th century, it has been most commonly used in the United States for marriages where one partner is a member of the military on active duty. [dead link 1] In California, proxy marriage is only available to deployed military personnel. In Montana, it is available if one partner is either on active military duty or is a Montana resident. [8] In the United states if a proxy marriage has been performed in a state that legally allows it many states will recognize it fully or will recognize it as a common law marriage. The exception to this is the state of Iowa where it is completely unrecognized. [11]

Germany

Germany does not allow proxy marriages within its jurisdiction (§ 1311 BGB). It recognizes proxy marriages contracted elsewhere where this is possible, subject to the usual rules of private international law, unless the foreign law should be incompatible with German ordre public (art. 6 EGBGB): this is not the case with the marriage by proxy per se, would be if, e. g., the proxy was held responsible for choosing the spouse without further asking rather than only contracting a marriage with a given spouse.

Catholic Church

Catholic Canon Law permits marriage by proxy, but requires officiants to receive authorization from the local ordinary before proceeding. [12]

Related Research Articles

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Common-law marriage, also known as sui iuris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a legal framework in a limited number of jurisdictions where a couple is legally considered married, without that couple having formally registered their relation as a civil or religious marriage.

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Civil marriage marriage performed, recorded, and recognized by a government official

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Same-sex marriage has been legally recognized in the District of Columbia since December 18, 2009, when Mayor Adrian Fenty signed a bill passed by the Council of the District of Columbia on December 15, 2009. Following the signing, the measure entered a mandatory Congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010. The District became the first jurisdiction in the United States below the Mason–Dixon Line to allow same-sex couples to marry.

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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.

Lex loci celebrationis is a Latin term for a legal principle in English common law, roughly translated as "the law of the land where the marriage was celebrated". It refers to the validity of the union, independent of the laws of marriage of the countries involved: where the two individuals have legal nationality or citizenship, or where they live. The assumption under the common law is that such a marriage, when lawfully and validly celebrated under the relevant law of the land, is also lawful and valid.

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A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. Unlike someone in a common-law, statutory, or ceremonial marriage, a putative spouse is not legally married. Instead, a putative spouse believes himself or herself to be married in good faith and is given legal rights as a result of this person's reliance upon this good-faith belief.

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This article is a general overview of divorce laws around the world. Every nation in the world allows its residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.

Posthumous marriage is a marriage in which one of the participating members is deceased. It is legal in France and similar forms are practiced in China. Since World War I, France has had hundreds of requests each year, of which many have been accepted.

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Common law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in eight U.S. states and the District of Columbia; plus two other states that recognise domestic common law marriage after the fact for limited purposes. It is arguably the original form of marriage, in which a couple took up residency together, held themselves out to the world as a married couple, and otherwise behaved as a married couple. It has been gradually abolished in Western nation states since the sixteenth century, when the Council of Trent in 1563 ruled that no marriage thenceforth would be valid in the eyes of the Roman Catholic Church unless it were solemnised by a priest. This ruling was quickly adopted in predominantly Roman Catholic countries, and eventually became the norm in Protestant nations as well. In 1753, the Kingdom of Great Britain passed Lord Hardwicke's Act, which provided no marriage in England and Wales was legally valid unless performed under the auspices of the Church of England, with exceptions for Jews and Quakers. The Act did not apply to Scotland or to the American colonies, and Ireland was still a separate country in 1753; so common law marriage continued in the future United States until individual states abolished it.

The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.

References

  1. Apt v Apt [1948] P 83; CB (Validity of marriage: proxy marriage) [2008] UKAIT 80
  2. Christopher Clarkson and Jonathan Hill (2011). The Conflict of Laws (4th ed.). Oxford University Press. p. 21. ISBN   9780199574711.
  3. Christenson, Sig (2010-01-01). "With this Skype, I thee wed". San Antonio Express-News. Archived from the original on January 17, 2010. Retrieved 2010-01-08.
  4. "From Russia With Love". H Texas magazine. Archived from the original on 2006-11-01. Retrieved 2007-03-27.
  5. "Proxy Marriage and US Immigration Laws - Marriage By Proxy". marriagebyproxy.com. S&B Inc. Archived from the original on October 3, 2010.
  6. Barry, Dan. "Trading Vows in Montana, No Couple Required". The New York Times . March 10, 2008.
  7. Archived April 25, 2010, at the Wayback Machine
  8. 1 2 "Section 40-1-301". Montana Code Annotated 2015. Montana Legislative Services. Accessed on May 19, 2016.
  9. "No Marriage By Proxy in Missouri". stlouiscityrecorder.org.
  10. 1 2 "Alien's Marriage by Proxy Held to Give Alien Woman Status of "Wife"". Virginia Law Register. 10 (7): 516–520. November 1924. JSTOR   1107813.
  11. "Where You Can Have a Proxy Marriage". The Spruce. Retrieved 2019-04-29.
  12. "c. 1105", Code of Canon Law: Latin-English Edition, Washington DC 20064: Canon Law Society of America, 1983, retrieved 2012-11-14CS1 maint: location (link)
  1. 1 2 Cafazzo, Debbie (2006-06-01). "Marriage by proxy used for ages". Tacoma News Tribune.