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.
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.
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.
As of 2015 [update] , 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. 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.
In the United States, proxy marriages are provided for in law or by customary practice in Texas, Colorado, Kansas, and Montana.Of these, Montana is the only state that allows double-proxy marriage. Proxy marriages cannot be solemnized in any other U.S. states.
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.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.
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.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. 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.
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 Canon Law permits marriage by proxy, but requires officiants to receive authorization from the local ordinary before proceeding.
Marriage, also called matrimony or wedlock, is a culturally recognised union between people, called spouses, that establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. The definition of marriage varies around the world, not only between cultures and between religions, but also throughout the history of any given culture and religion. Over time, it has expanded and also constricted in terms of who and what is encompassed. 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 any sexual activity. When defined broadly, marriage is considered a cultural universal. A marriage ceremony is called a wedding.
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.
A prenuptial agreement, antenuptial agreement, or premarital agreement, is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property and retirement benefits and savings, and the right to seek alimony with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse’s right to claim an elective share of the estate of the deceased spouse.
A civil marriage is a marriage performed, recorded and recognised by a government official. Such a marriage may be performed by a religious body and recognised by the state, or it may be entirely secular.
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.
Sealing is an ordinance (ritual) performed in Latter Day Saint temples by a person holding the sealing authority. The purpose of this ordinance is to seal familial relationships, making possible the existence of family relationships throughout eternity. LDS teachings place great importance on the specific authority required to perform these sealings. Church doctrine teaches that this authority, called the Priesthood, corresponds to that given to Saint Peter in.
A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal.
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first act of sexual intercourse between two people, either following their marriage to each other or after a short or prolonged romantic/sexual attraction. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that there must not be any contraception used.
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.
In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine:
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.
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
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.
A marriage officiant is a person who officiates at a wedding ceremony. Some non-religious couples get married by a government official, such as a judge, mayor, or Justice of the peace.
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.
Marriage in the United States is a legal, social, and religious institution. The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual can marry in the United States as of right, without parental consent or other authorisation, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi where the general marriage age is 21. 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 and/or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.
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.