Cecily Zamora
Marriage laws refer to the legal requirements that determine the validity of a marriage, and these laws vary between countries. Marriage has long been considered a legal state that confers certain rights and obligations on a couple, and the concept has been around for as long as humans have gathered together for support and love. Marriage began as religious law, and when the church and state merged in the medieval era, it became regulated by national laws. In the modern era, the church and state began to separate, but marriage remained in national law as it was considered the foundation of society.
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What You'll Learn
Marriage laws and their variations across countries
Marriage laws refer to the legal requirements that determine the validity of a marriage, and these laws vary significantly across countries. Historically, marriage laws have been influenced by religious doctrines and cultural norms, but in modern times, there is a growing trend towards secularisation and recognition of equal rights for spouses regardless of gender.
In terms of specific variations, the minimum age for marriage differs across countries. For instance, in the US, the minimum age is typically 18, except for Nebraska (19) and Mississippi (21). In England and Wales, the general age is 18, but 16 or 17-year-olds can marry with parental or guardian consent. Some countries, like Nigeria, do not have a strict minimum age, leaving it to religious bodies and parental consent.
Another variation is the recognition of religious marriages. Some countries, like Saudi Arabia, governed by religious legal systems, may not recognise marriages performed abroad if they contradict their religious interpretations. Countries with mixed secular-religious legal systems, such as Lebanon and Israel, may not allow civil marriages, preventing interfaith unions.
Polygamy is another aspect that differs across jurisdictions. While most Western countries do not permit polygamy, some recognise polygamous marriages performed in other nations. Polygamy is practised illegally by some groups in the US and Canada, and historically, some societies with a cultural tradition of polygamy have shifted to only recognising monogamous marriages, like the People's Republic of China in 1950.
Same-sex marriage laws also vary. Some countries, like Thailand, Estonia, and Taiwan, have legalised same-sex marriage through legislation or court decisions. In contrast, others, like Mexico, have a mix of states that recognise same-sex marriage and those that require federal court approval.
Lastly, the rights and duties conferred by marriage vary. Historically, husbands were given more authority in many societies, but this has been curtailed in many Western countries, with modern statutes defining spousal rights and duties without gender discrimination. These rights may include control over property, responsibility for debts, and visitation rights.
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The history of common-law marriages
Marriage laws refer to the legal requirements that determine the validity of a marriage, which vary between countries. A civil marriage is performed and carried out by a government institution in accordance with the marriage laws of the jurisdiction, without religious content. Civil marriages recognise and create the rights and obligations intrinsic to matrimony in the eyes of the state.
Common-law marriage, also known as non-ceremonial marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a marriage that occurs when two people who are legally capable of being married, and who intend to be married, live together as a married couple and hold themselves out to the world as a married couple. The original concept of a "common-law" marriage is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service.
The phrase "common law" originates with England and refers to those non-ceremonial marriages that were valid under English law. Common-law marriages were valid in England until the Clandestine Marriages 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 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. 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.
In the United States, common-law marriage is a form of irregular marriage that survives in a small number of states and the District of Columbia, along with some provisions of military law. As of 2022, common-law marriages are still recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia, while Utah recognises only common-law marriages that have been validated in a judicial proceeding. In Canada, while some provinces may extend to couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married.
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Religious marriages and their legal recognition
Marriage is a culturally and often legally recognised union between two people, called spouses. It establishes rights and obligations between the spouses, their children (if any), and their in-laws. 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.
A religious marriage is a religious practice. A civil marriage, on the other hand, is a legal process that meets state laws for a valid marriage. Civil marriages are performed by a government institution in accordance with the marriage laws of the jurisdiction, without religious content. Civil marriages recognise and create the rights and obligations intrinsic to matrimony in the eyes of the state.
Some countries do not recognise locally performed religious marriages, and require a separate civil marriage for official purposes. For example, in the United States, a religious marriage is a religious ceremony or sacrament whereby two people are joined as partners in the eyes of their God and/or church. However, a religious marriage is not automatically a legal marriage, and additional steps are required for it to be legally recognised. Religious marriages that do not involve a qualifying officiant or a marriage license are not legal in most states. To be legally recognised, the couple must meet state law requirements, such as being of age and voluntarily entering into the marriage, and obtain a marriage license filed with the state.
In some countries governed by a mixed secular-religious legal system, such as Lebanon and Israel, locally performed civil marriages do not exist, which prevents interfaith and other marriages that contradict religious laws from being entered into in the country. However, civil marriages performed abroad may be recognised by the state even if they conflict with religious laws. For example, Israel recognises interfaith and same-sex civil marriages performed abroad as full marriages.
In a small number of jurisdictions, marriage relationships may be created by the operation of the law alone, without a ceremonial marriage or legal contract. Common-law marriages, for example, are legally binding in some jurisdictions but have no legal consequence in others.
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Marriage equality and same-sex marriages
Marriage laws refer to the legal requirements that determine the validity of a marriage, and these vary between countries. Historically, marriage laws have been influenced by religious institutions and cultural norms, with common-law marriages being prevalent in medieval Europe and some cultures recognising same-sex marriages.
The first same-sex couple in modern recorded history to obtain a marriage license was Michael McConnell and Jack Baker, who were married in Minnesota in 1971. The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the Netherlands in 2000 and took effect in 2001. Since then, a growing number of countries have legalised same-sex marriage, recognising it as a fundamental human right.
In the United States, the legal recognition of same-sex marriage expanded from one state in 2004 to all fifty states in 2015 through court rulings, state legislation, and direct popular vote. This expansion was influenced by landmark civil rights cases such as Loving v. Virginia, which struck down anti-miscegenation laws, and Obergefell v. Hodges, which guaranteed the fundamental right of same-sex couples to marry.
While opposition to same-sex marriage persists, often based on religious or cultural grounds, scientific studies have refuted claims that homosexuality is unnatural or that children are worse off when raised by same-sex couples. Polls consistently show rising support for the recognition of same-sex marriage in developed and developing countries, and marriage equality has been advocated by prominent human rights and civil rights organisations.
The movement towards marriage equality has led to legislative changes, court rulings, and direct popular votes, ensuring that same-sex couples have the same rights and responsibilities as opposite-sex couples in an increasing number of jurisdictions.
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Marriage rights and obligations
Marriage laws refer to the legal requirements that determine the validity of a marriage, which vary significantly between countries. Marriage laws bestow rights and obligations on the married parties, and sometimes on their relatives, as it is the sole mechanism for the creation of affinal ties (in-laws).
Historically, many societies have given husbands very different rights and obligations from those of their wives. For example, the husband is typically given control of marital property, inheritance rights, and the right to dictate the activities of the children of the marriage. However, in the twentieth century, these practices were largely curtailed in many countries, especially Western ones, and more modern statutes tend to define the rights and duties of a spouse without reference to gender. Nevertheless, in some countries, the husband continues to have authority. For instance, the Civil Code of Iran states at Article 1105 that "In relations between husband and wife; the position of the head of the family is the exclusive right of the husband".
In some countries, marriage laws grant spouses equal rights to the possession, use, and disposal of property. However, property belonging to one spouse before the marriage and property received during the marriage by gift or inheritance remain the property of that spouse alone.
Marriage laws also determine the validity of religious marriages. Each religious authority has rules for how marriages should be conducted by their officials and members. Where religious marriages are recognised by the state, the officiator must also conform with the law of the jurisdiction. For example, in countries governed by a religious legal system, such as Saudi Arabia, marriages contracted abroad may not be recognised if they were performed contrary to Islamic religious law. In countries governed by a mixed secular-religious legal system, such as Lebanon and Israel, locally performed civil marriages do not exist, which prevents interfaith and other marriages that contradict religious laws from being entered into in the country.
In the United States, marriage has been classified as a fundamental right. The case of Loving v. Virginia established that prohibiting interracial marriage is unconstitutional, as it violates the Equal Protection Clause of the Constitution. In addition, the case of Obergefell v. Hodges ruled that denying same-sex couples the freedom to marry violates the US Constitution, thereby legalising same-sex marriage nationwide.
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Frequently asked questions
Marriage laws were first created by religious institutions, with the concept of marriage being around for as long as humans have gathered together for support and love. Marriage laws were then regulated by national laws when the church and state merged in the medieval era.
Marriage laws refer to the legal requirements that determine the validity of a marriage.
Marriage laws vary considerably between countries. For example, in some countries, a civil marriage does not exist within the country, preventing interfaith and other marriages that contradict religious laws.
A common-law marriage is a marriage without a license or ceremony that is legally binding in some jurisdictions but has no legal consequences in others.
Marriage laws have shifted over time. For example, in the United States, anti-miscegenation laws that limited who could marry a white person were overturned in the 1967 case of Loving v. Virginia. More recently, same-sex marriages were deemed valid and treated as such in the 2015 case of Obergefell v. Hodges.
