Cecily Zamora
Marriage laws refer to the body of legal specifications and requirements that regulate the initiation, continuation, and validity of marriages. Marriage laws vary significantly across countries and states, and are influenced by cultural customs, religious beliefs, and societal changes. These laws are created and enforced by governing bodies at the state or national level, with the authority to interpret and apply them shared by federal and state courts. The laws encompass various aspects, including the minimum age of marriage, the requirement of parental consent, property ownership, divorce, and the recognition of same-sex marriages.
| Characteristics | Values |
|---|---|
| Legal specifications and requirements | Vary from country to country |
| Minimum age | 18 in most places, but varies by state/country |
| Parental or other consents | Varies by state/country |
| Limitations | Age, close relationships, number of spouses |
| Marriage contract | Required by law |
| Marriage certificate | Proof that the marriage took place |
| Blood tests | No longer required |
| Prenups, significant debt, child custody issues, property questions | May require an attorney |
| Divorce | Ended by death, divorce, or annulment |
| Separation | Alternative to divorce |
| Marriage definition | "A legal union of individuals" |
| Marriage benefits | Defined by state governments |
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What You'll Learn
Marriage laws are decided at the state level
The legal age to marry varies across states in the US. While the general minimum age for marriage without parental or judicial approval is 18, some states, like Nebraska and Mississippi, have set the minimum age at 19 and 21, respectively. Additionally, most states allow exceptions to the general minimum age under certain circumstances. For example, in England and Wales, 16- or 17-year-olds may marry with parental or guardian consent, and if this is not possible, they can seek consent from the courts.
The requirements for obtaining a marriage license also differ by state. For instance, Alabama does not mandate witnesses or a waiting period, allowing couples to marry immediately. On the other hand, some states previously required premarital couples to undergo blood tests before issuing a marriage license due to public health concerns. However, these requirements have been repealed in recent years, with Montana being the latest state to do so in 2019.
State laws also govern the recognition of common-law marriages, which are still acknowledged in a handful of states, including Alabama, Colorado, Iowa, Kansas, and Texas. These marriages are based on the concept of a voluntary private agreement between a man and a woman to become husband and wife, without the need for a formal ceremony.
Furthermore, state laws outline the benefits associated with marriage. While the Supreme Court's rulings in United States v. Windsor and Obergefell v. Hodges affirmed that state governments have the primary authority to define marriage and its benefits, they also clarified that states cannot discriminate against individuals protected by the Constitution. As a result, states like Tennessee had to lift their bans on same-sex marriage to comply with the Fourteenth Amendment's guarantee of equality.
Additionally, state laws govern divorce proceedings, including the division of property and spousal rights. Some states, such as North Carolina, mandate a separation period before granting a divorce. It's important to consult with a local family law attorney to understand the specific laws and requirements in your state, as they can vary significantly.
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The minimum age for marriage
Historically, the minimum age for marriage has been lower for females than for males, with the premise that females mature earlier. In the 12th century, Canon law jurist Gratian stated that consent for marriage could not take place before the age of 12 for females and 14 for males. This minimum age requirement was carried over into English civil law, with the Church of England dictating that both the bride and groom must be at least 21 years old to marry without parental consent. In colonial America, the minimum marriageable age was 12 for females and 14 for males, and marriages occurred several years earlier than in Europe.
In recent years, there has been a trend to raise the minimum marriage age for females to match that of males. In the United States, the minimum age for marriage without parental and/or judicial approval is generally 18 years, except for Nebraska (19) and Mississippi (21). However, most states allow exceptions to the general minimum age in certain circumstances. For example, in England and Wales, 16- or 17-year-olds may marry with parental or guardian consent, and if this is not possible, they can seek consent from the courts.
Some countries, such as Nigeria, do not have a strict minimum age for marriage due to the prevalence of religious marriages. Religious communities may not always accept the supremacy of state law regarding the minimum age for marriage, which can lead to child marriages or forced marriages. UNICEF considers the marriage of a minor as a violation of their rights.
The majority of states in the United States limit individuals to one living spouse at a time and will not issue marriage licenses to those who are already married. In 1996, the Defense of Marriage Act (DOMA) defined marriage as "only a legal union between one man and one woman." However, in 2013, the United States Supreme Court struck down DOMA as unconstitutional, and in 2015, the Supreme Court ruled that denying same-sex couples the freedom to marry violated the U.S. Constitution.
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Marriage restrictions, such as surname or sacred animal
Marriage laws are a set of legal specifications and requirements that regulate the initiation, continuation, and validity of marriages. These laws vary considerably among countries and are an aspect of family law.
Marriage restrictions based on surnames have existed in various cultures and societies throughout history. For example, in ancient China, during the Western Zhou dynasty, a policy was instituted prohibiting marriage between people with the same surname. This taboo was also present in other East Asian cultures influenced by China, such as South Korea, where it was part of customary law during the Japanese colonial period. However, in 1997, the Constitutional Court of Korea ruled that this prohibition was inconsistent with the constitution, and it was suspended in 1999. Similarly, in Japan, married couples are required by law to share a surname, which has been upheld by the Supreme Court of Japan despite opposition from most Japanese people.
Another example of marriage restrictions based on surnames can be found in the early Goryeo dynasty, where marriages between close relatives with the same surname were common, even between half-siblings. However, during the Joseon dynasty, Confucianism became the founding ideology, and marriage between people with the same surname and ancestral family was strictly prohibited.
Marriage restrictions based on sacred animals are less common, but they have been mentioned in folklore and mythology. For instance, in Native American myths, animal spirits often assume human form, symbolizing a union between humans and the animal kingdom. In a Balinese Pecaruan ritual, an 18-year-old man was forced to marry a cow to cleanse the village of the immoral act of bestiality. Additionally, in modern times, there have been reports of individuals marrying their pets or animals, such as Mark Matthews, who married his horse, and a British woman who married her dog and created a website called "MarryYourPet.com".
While there may be cultural or traditional beliefs around sacred animals influencing marriage choices, there are no legal precedents in most jurisdictions for marrying animals.
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Marriage contract requirements
Marriage laws are a set of legal specifications and requirements that regulate the initiation, continuation, and validity of marriages. These laws vary across countries and are influenced by cultural and religious customs. In this context, let's explore the marriage contract requirements in detail.
Age Requirements:
The minimum age for marriage varies across different countries and jurisdictions. For example, in the United States, the minimum age for marriage without parental or judicial approval is typically 18 years, except for Nebraska (19) and Mississippi (21). Similarly, in England and Wales, the general age for marriage is set at 18, but 16 or 17-year-olds can marry with parental or guardian consent. In Ontario, Canada, the minimum age to marry is 16, but those under 18 need written consent from their parents or legal guardians.
Marriage License:
A marriage license is typically required and can be obtained from the local municipality. Both individuals getting married must provide valid identification, with at least one form of photo identification, such as a government-issued birth certificate. There may be associated fees for obtaining the marriage license, but these can be waived in certain circumstances.
Consent and Witness Requirements:
Marriage requires the mutual consent of both parties. In some jurisdictions, parental or guardian consent may be required if the individuals are under a certain age. Additionally, witnesses are usually needed to sign the marriage license or banns immediately after the ceremony.
Marriage Contract:
A marriage contract is a legal document that outlines the rights and obligations of the spouses. It is not mandatory everywhere, but it can provide a custom set of rules for dividing property and managing finances in the event of divorce or death. It can be signed before or after the wedding and can be amended or replaced with a new contract. In Quebec, a notary must be involved, while in other parts of Canada, spouses typically consult lawyers.
Cultural and Religious Considerations:
Marriage laws and customs vary across cultures and religions. For example, common-law marriages were historically recognised in what became the United States and Canada due to a lack of clerics or civil officials. Today, common-law marriages are still recognised in several US states. Additionally, some societies have restrictions on whom one can marry, such as prohibitions based on surnames or sacred animals.
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Divorce laws
In the United States, divorce laws and procedures also vary by state. All states have rules for jurisdiction, typically requiring the person filing for divorce to be a resident of the state for a specified period. Most states require six months, while some require twelve months, and a few states, like Nevada, only require six weeks. Additionally, there are two basic approaches to divorce in the US: fault-based and no-fault-based. Even in no-fault jurisdictions, a court may consider the behaviour of the parties when determining property division, debts, custody, shared care arrangements, and support. Furthermore, issues of division of property are determined by the laws of the jurisdiction in which the property is located.
In terms of alimony, there have been proposals to reform alimony parameters, as they are a frequent source of litigation in family law cases. Several states, including Massachusetts, Colorado, Florida, Texas, and Maine, have moved away from permanent alimony awards and towards durational or rehabilitative alimony. On the other hand, states like Mississippi and Tennessee typically award alimony for life.
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Frequently asked questions
Marriage laws vary from country to country and state to state. In the US, the federal government and state governments share the power to create marriage laws. The federal government has the power to create laws that apply to the entire country, while state governments create laws that apply only to their respective states.
Some examples of federal marriage laws in the US include the Defense of Marriage Act (DOMA), which defined marriage as "only a legal union between one man and one woman as husband and wife". Another example is the Supreme Court decision in Obergefell v. Hodges, which declared that denying same-sex couples the freedom to marry violates the US Constitution.
Each state has its own marriage laws, which can include requirements for obtaining a marriage license, the minimum age to marry, and the termination of a marriage. For example, Alabama does not require witnesses or a waiting period for marriage, while Mississippi requires individuals to be 21 years old with parental consent to marry.
Yes, many societies have adopted restrictions on whom one can marry, such as prohibitions on marrying someone with the same surname or from a different racial group. These restrictions are known as exogamy or endogamy, respectively.
Religious institutions can have their own rules and requirements for marriage that their members must follow. However, these rules are not considered legal marriage laws and do not have the same power as laws created by governments.
