Proxy marriage

Last updated

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 (proxies). If both partners are absent, this is known as a double proxy wedding.

Contents

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

In most jurisdictions, the law requires that both parties to a marriage be physically present: proxy weddings are not recognized as legally binding. Under the English common law, however, if a proxy marriage is valid under the law of the place where the marriage was celebrated (the lex loci celebrationis ) then it will be recognised as valid 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)
The wedding by proxy of Teresa Cristina of the Two Sicilies to Emperor Pedro II of Brazil, painted by Alejandro Ciccarelli, 1846 Casamento por procuracao da imperatriz d. Teresa Cristina - Alessandro Ciccarelli.jpg
The wedding by proxy of Teresa Cristina of the Two Sicilies to Emperor Pedro II of Brazil, painted by Alejandro Ciccarelli, 1846


Starting in the Middle Ages, European monarchs and nobility sometimes married by proxy; by the end of the 19th century the practice had largely died out. [3] Some examples of this are:

In 1490, Maximilian of Habsburg (the future Holy Roman Emperor, Maximilian I) married Anne of Brittany by proxy; he was represented at the wedding by Wolfgang von Polheim. [4] As part of the symbolism of the proxy wedding, on the wedding night Polheim went to bed with Anne but wore a full suit of armour, covering all but his right leg and hand. A sword was placed between them in the bed. [5] [6]

A famous 17th-century painting by Peter Paul Rubens depicts the proxy marriage of Marie de' Medici in 1600.

During the First and Second World Wars, there were many proxy marriages between soldiers serving at the front and women back at home; they often participated in the wedding ceremony via telephone.

During the First World War, proxy marriage was permitted by law in Belgium, France, Germany, Norway, Czechoslovakia and Italy. [7] On 4 April 1915 proxy marriage was legalised in France. [8]

During the Second World War, proxy marriages were common in the US, UK, Soviet Union and Nazi Germany where obtaining leave to return home and marry was difficult or impossible. [9] [10] [11] During this period, Kansas City, Kansas in particular was known for its permissive proxy-marriage laws; one lawyer in the city helped to arrange 39 proxy weddings. [12]

In Italy, between 1945 and 1976, 12,000 women were married by proxy to Italian Australian men; they would then travel to Australia to meet their new husbands. [13]

Today

As of 2015, various Internet sites were offering 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 permits proxy marriage. Video conferencing allows couples to experience the ceremony together. [14] 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, was married by proxy to Yuri Malenchenko, a cosmonaut who was orbiting the Earth in the International Space Station at the time. [15]

Legality

Gambia

Proxy marriage is legal in The Gambia under sharia law. [16]

India

Proxy marriages via video link are legal in India, including when the parties are in separate countries, provided witnesses are present. [17]

Pakistan

Proxy marriages, including via the telephone, are legal in Pakistan. However, witnesses must be present and the marriage correctly registered. [18]

United States

In the United States, proxy marriages are provided for in law or by customary practice in Texas, Colorado, Kansas, and Montana. [19] [20] [21] Of these, Montana is the only state that allows double-proxy marriage. [22] Proxy marriages cannot be solemnized in any other U.S. states. [23]

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. [24] 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. [24] Internet marriages have increased among some U.S. immigrant communities in recent years. [25]

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. [26] In California, proxy marriage is only available to deployed military personnel. In Montana, a double-proxy marriage is available if at least one partner is either on active military duty or is a Montana resident. [22] 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. An exception to this is the state of Iowa, where it is completely unrecognized. [27]

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, but 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.

United Kingdom

Proxy marriage was argued for in the House of Commons by Jennie Adamson in 1943. [7]

In 2014 it was reported that "proxy marriage misuse" was common in the UK, in which an EU citizen and non-EU citizen, both living in the UK, participated in a proxy marriage in an outside country. These were sham marriages which allowed one spouse to gain EU citizenship. [28] This was particularly the case with nikah marriages in Islam, which are conducted under Sharia (Islamic) law. [29] [30]

Citizens Advice Scotland warns that "It may be extremely difficult to prove that a marriage by proxy is a valid marriage, both legally and for claiming benefits." [31]

Religious attitudes

Catholicism

Catholic canon law permits marriage by proxy, [32] but requires officiants to receive authorization from the local ordinary before proceeding. [33]

Judaism

Jewish law permits marriage by proxy. The process includes the groom sending the worth of a small denominational coin (שוה פרוטה), to the bride as discussed in Tractate Kiddushin Second Chapter. All Rabbis agree that it is preferable to bethrow in person based on the dictum "It is more fitting that the mitzva be performed by the man himself than by means of his agent". [34]

הָאִישׁ מְקַדֵּשׁ בּוֹ וּבִשְׁלוּחוֹ הָאִשָּׁה מִתְקַדֶּשֶׁת בָּהּ וּבִשְׁלוּחָהּ הָאִישׁ מְקַדֵּשׁ אֶת בִּתּוֹ כְּשֶׁהִיא נַעֲרָה בּוֹ וּבִשְׁלוּחוֹ

Translation: A man can betroth a woman by himself or by means of his agent. Similarly, a woman can become betrothed by herself or by means of her agent. A man can betroth his daughter to a man when she is a young woman, either by himself or by means of his agent. [35]

Islam

Nikah marriages in Islam may be permitted by proxy, simply by both parties (or representatives on their behalf) exchanging declarations. [29] [30]

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 recognized 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.

<span class="mw-page-title-main">Wedding</span> Ceremony where people are united in marriage

A wedding is a ceremony where two people are united in marriage. Wedding traditions and customs vary greatly between cultures, ethnic groups, races, religions, denominations, countries, social classes, and sexual orientations. Most wedding ceremonies involve an exchange of marriage vows by a couple, presentation of a gift, and a public proclamation of marriage by an authority figure or celebrant. Special wedding garments are often worn, and the ceremony is sometimes followed by a wedding reception. Music, poetry, prayers, or readings from religious texts or literature are also commonly incorporated into the ceremony, as well as superstitious customs.

<span class="mw-page-title-main">Engagement</span> Promise to wed; period of preparation before marriage

An engagement or betrothal is the period of time between the declaration of acceptance of a marriage proposal and the marriage itself. During this period, a couple is said to be fiancés, betrothed,intended, affianced, engaged to be married, or simply engaged. Future brides and grooms may be called fiancée (feminine) or fiancé (masculine), the betrothed, a wife-to-be or husband-to-be, respectively. The duration of the courtship varies vastly, and is largely dependent on cultural norms or upon the agreement of the parties involved.

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal marriage despite non-compliance with the requirements for a statutory marriage, at least in the jurisdictions where marriage can still be contracted this way.

<span class="mw-page-title-main">Civil marriage</span> Marriage performed, recorded, and recognized by a government official

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.

<span class="mw-page-title-main">Annulment</span> Legal procedure for declaring a marriage null and void

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.

<span class="mw-page-title-main">Elopement</span> Type of marriage ceremony

Elopement is a marriage which is conducted in a sudden and secretive fashion, sometimes involving a hurried flight away from one's place of residence together with one's beloved with the intention of getting married without parental approval. An elopement is contrasted with an abduction, in which either the bride or groom has not consented, or a shotgun wedding in which the parents of one coerce both into marriage.

<span class="mw-page-title-main">Walima</span> Banquet in Islamic weddings

Walima, or the marriage banquet, is the second of the two traditional parts of an Islamic wedding. The walima is performed after the nikah or marriage ceremony. It designates a feast in Arabic. The walima is used as a symbol to show domestic happiness in the household post-marriage. As per sharia, the walima only takes place where the groom and bride resides. It is from the groom's side as a token of appreciation after the couple have met in isolation. The groom is to incur all marriage expenses and pay for the walima meal.

In Islamic law (sharia), marriage is a legal and social contract between two individuals. Marriage is an act of Islam and is strongly recommended. Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.

<span class="mw-page-title-main">Marriage in Islam</span> Islamic concept of marriage

In Islam, nikah is a contract exclusively between a man and woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. Islamic marital jurisprudence allows Muslim men to be married to multiple women.

Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq, khulʿ and faskh. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory.

<span class="mw-page-title-main">Islamic marriage contract</span> Integral part of an Islamic marriage

An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the husband and wife or other parties involved in marriage proceedings under Sharia. Whether it is considered a formal, binding contract depends on the jurisdiction. Islamic faith marriage contracts are not valid in English law, nor American Law. Because of this, some Islamic Marriage Officiants will only officiate a marriage after the couple had been legally married in court.

Nikah 'urfi is a "customary [marriage contract] that commonly requires a walī (guardian) and witnesses but not to be officially registered with state authorities. Couples repeat the words, "We got married" and pledge commitment, although there are many other informal ways in which people marry 'urfi. Usually a paper, stating that the two are married, is written and at least two witnesses sign it, although others may record their commitment on a cassette tape and use other forms of documentation. Most Arab countries do not recognize 'urfi marriages and do not allow partners to get a 'legal' divorce since the government does not recognize the legality of the marriage in the first place. Unlike regular marriages, most 'Urfi contracts are not publicised, are short-term in practice and do not require men to provide maintenance for the women. Sometimes these relationships are a way for people to have sexual relations within what is perceived to be a religiously licit framework. In many instances, 'Urfi marriages are contracted without the permission of the woman's male guardian (Wali) and the relationship is often kept secret from family members.

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.

<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.

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 seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.

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.

<span class="mw-page-title-main">Marriage and wedding customs in the Philippines</span>

Traditional marriage customs in the Philippines and Filipino wedding practices pertain to the characteristics of marriage and wedding traditions established and adhered by them Filipino men and women in the Philippines after a period of adoption courtship and engagement. These traditions extend to other countries around the world where Filipino communities exist. Kasalan is the Filipino word for "wedding", while its root word – kasal – means "marriage". The present-day character of marriages and weddings in the Philippines were primarily influenced by the permutation of Christian, both Catholic and Protestant, Hindu, Islam, Chinese, Spanish, and American models.

<span class="mw-page-title-main">Islamic marital practices</span> Marriage rituals for Muslims

Muslim marriage and Islamic wedding customs are traditions and practices that relate to wedding ceremonies and marriage rituals prevailing within the Muslim world. Although Islamic marriage customs and relations vary depending on country of origin and government regulations, both Muslim men and women from around the world are guided by Islamic laws and practices specified in the Quran. Islamic marital jurisprudence allows Muslim men to be married to multiple women.

<span class="mw-page-title-main">Kiddushin (Talmud)</span> Tractate in Mishnah and Talmud

Kiddushin is a masekhet or tractate of the Mishnah and the Talmud, and is part of the order of Nashim. The content of the tractate primarily deals with the legal provisions related to halakhic engagement and marriage.

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. Cafazzo, Debbie (2006-06-01). "Marriage by proxy used for ages". Tacoma News Tribune.[ dead link ]
  4. Keen, Maurice (2012). "The Angevin Legacy, Dynastic Rivalry and the Aftermath of the Hundred Years War, 1453–1491". In Skoda, Hannah; Lantschner, Patrick; Shaw, R. L. J. (eds.). Contact and Exchange in Later Medieval Europe: Essays in Honour of Malcolm Vale. Boydell Press. p. 156. ISBN   978-1-84383-738-1.
  5. Krause, Stefan, ed. (2019). Das Turnierbuch Kaiser Maximilians I. Taschen. p. 295. ISBN   978-3-8365-7681-9.
  6. Zwiedineck-Südenhorst, Hans von (1888). "Polheim, Wolfgang Freiherr von". In Liliencron, Rochus von (ed.). Allgemeine Deutsche Biographie . Vol. 26. Duncker & Humblot via Deutsche Biographie. p. 822.
  7. 1 2 "MARRIAGE BY PROXY (Hansard, 30 June 1943)". api.parliament.uk.
  8. "Private Life (France) | International Encyclopedia of the First World War (WW1)". encyclopedia.1914-1918-online.net.
  9. Moore, Marvin M. (1962). "The Case for Marriage by Proxy" (PDF). 11 Clev.-Marshall L. Rev. 313 via core.ac.uk.
  10. Bradway, John S. "Legalizing Proxy Marriages" (PDF). The University of Kansas City Law Review.
  11. Meloy, Maile (21 May 2012). "The Proxy Marriage". The New Yorker.
  12. "WW2 PROXY MARRIAGE STORY | PROXY MARRIAGE TRIVIA 1945 | KANSAS PROXY MARRIAGE LAWS DURING WW2 - Magazine Article - Old Magazine Articles". www.oldmagazinearticles.com.
  13. "Until we meet again An Italian proxy brides story". Australian National Maritime Museum.
  14. 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.
  15. "From Russia With Love". H Texas magazine. Archived from the original on 2006-11-01. Retrieved 2007-03-27.
  16. "Do You Have to Actually be Present on Your Wedding Day in The Gambia? | In Custodia Legis: Law Librarians of Congress". blogs.loc.gov. October 7, 2014.
  17. Chandar, B. Tilak (29 July 2022). "Bride in India to marry groom in U.S. virtually, courtesy Madras High Court". The Hindu . Retrieved 13 October 2023.
  18. "Pakistan: Whether a marriage that is performed over the telephone is legally recognized in Pakistan; if so, the conditions that must be fulfilled and the procedure that must be followed for such a marriage to be valid and legal; whether a marriage that is performed over the telephone, where the bride is in Montreal, the groom is in New York and the witnesses and everyone else associated with the wedding is in Pakistan, is legal; if so, the location that would be entered into the Nikah Nama, or marriage certificate, as the place of marriage". Immigration and Refugee Board of Canada . United Nations High Commissioner for Refugees. 31 August 2004 via Refworld.
  19. "Proxy Marriage and US Immigration Laws - Marriage By Proxy". marriagebyproxy.com. S&B Inc. Archived from the original on October 3, 2010.
  20. Barry, Dan. "Trading Vows in Montana, No Couple Required". The New York Times . March 10, 2008.
  21. Archived April 25, 2010, at the Wayback Machine
  22. 1 2 "Section 40-1-301". Montana Code Annotated 2015. Montana Legislative Services. Accessed on May 19, 2016.
  23. "No Marriage By Proxy in Missouri". stlouiscityrecorder.org. Archived from the original on 2018-08-28. Retrieved 2012-07-19.
  24. 1 2 "Alien's Marriage by Proxy Held to Give Alien Woman Status of "Wife"". Virginia Law Register. 10 (7): 516–520. November 1924. doi:10.2307/1107813. JSTOR   1107813.
  25. Nir, Sarah Maslin (6 March 2013). "You May Now Kiss the Computer Screen". The New York Times. Retrieved 13 October 2023.
  26. "Another Effect of Covid: Thousands of Double Proxy Weddings". The NY Times. 2020-12-15. Retrieved 2020-12-15.
  27. "Where You Can Have a Proxy Marriage". The Spruce. Retrieved 2019-04-29.
  28. "Immigration inspector warns of rise in proxy marriage misuse". The Guardian. June 19, 2014.
  29. 1 2 Edge, Ian (2013). "Islamic finance, alternative dispute resolution and family law: developments towards legal pluralism?". Islam and English Law: Rights, Responsibilities and the Place of Shari'a. Cambridge University Press. pp. 116–143. ISBN   978-1-107-02164-8.
  30. 1 2 Nash, Patrick S (1 October 2017). "Sharia in England: The Marriage Law Solution". Oxford Journal of Law and Religion. 6 (3): 523–543. doi: 10.1093/ojlr/rwx052 .
  31. "Getting married". www.citizensadvice.org.uk.
  32. "Canon 1105", Code of Canon Law, 1983, retrieved 2022-11-22
  33. "Canon 1071", Code of Canon Law, 1983, retrieved 2022-11-22
  34. "Kiddushin 41a:4".
  35. "Kiddushin 41a:3".