Civil marriage

Source: Wikipedia, the free encyclopedia.
Edmund Leighton, The Wedding Register.

A civil marriage is a

secular
.

History

Countries maintaining a

Convention on the Elimination of All Forms of Discrimination against Women (1979) which carry a responsibility to register marriages.[4] Most countries define the conditions of civil marriage separately from religious requirements. Certain states, such as Israel
, allow couples to register only on the condition that they have first been married in a religious ceremony recognized by the state, or were married in a different country.

In England

In

registrars
have given the authority to register marriages not conducted by a religious official.

In other European countries

A couple waiting to get married in the town of Alghero on the island of Sardinia, Italy

Many European countries had institutions similar to

Catholics
any form of marriage not executed in a religious ceremony before a priest and two witnesses.

The

Protestant pastor and theologian of Geneva, John Calvin
, decreed that in order for a couple to be considered married they must be registered by the state in addition to a church ceremony.

In 1792, with the French Revolution, religious marriage ceremonies in France were made secondary to civil marriage. Religious ceremonies could still be performed, but only for couples who had already been married in a civil ceremony. Napoleon later spread this custom throughout most of Europe. In present-day France, only civil marriage has legal validity. A religious ceremony may be performed after or before the civil union, but it has no legal effect.

In

Free and Hanseatic City of Lübeck (1852, optional). German Grand-Duchies such as Oldenburg (1852/55, optional), Baden (1860), and Hesse (1860) as well as the Kingdom of Württemberg (1863) followed suit.[5] Civil marriages enabled interfaith marriages as well as marriages between spouses of different Christian denominations. After the unification of Germany in 1871, the Reichstag adopted a bill initiated by Chancellor Otto von Bismarck as the "Civil Marriage Law" in 1875 (see: Kulturkampf
); since then, only civil marriages have been recognized in Germany. Religious ceremonies may still be performed at the couple's discretion. Until December 31, 2008, religious marriages could not be performed until the couple had first married in a civil ceremony.

In the modern world

See also: Marriage law
Civil marriage by country
  State recognizes civil marriages only
  State recognizes both civil and certain religious marriages
  State recognizes civil marriages; no additional information
  State recognizes religious marriages only
  Civil marriages only for foreigners
  Civil marriages only for non-Muslims

England and Wales

Today marriages in England or Wales must be held in authorized premises, which may include register offices, premises such as stately homes, castles, and hotels that have been approved by the local authority, churches or chapels of the Church of England or Church in Wales, and other churches and religious premises that have been registered by the registrar general for marriage.[6]

Civil marriages require a certificate and at times a license, that testify that the couple is fit for marriage. A short time after they are approved in the superintendent registrar's office, a short non-religious ceremony takes place which the registrar, the couple, and two witnesses must attend; guests may also be present. Reference must not be made to God or any deity, or to a particular religion or denomination: this is strictly enforced, and readings and music in the ceremony must be agreed upon in advance.[7]

United States

Supreme Court has the authority to strike down unconstitutional laws (see Loving v. Virginia and Obergefell v. Hodges
).

All states and the

Quaker heritage, many counties in the Commonwealth of Pennsylvania allow self-uniting marriages for which no official minister is required. The type of ceremony (religious or civil) has no bearing on the legal validity of the marriage, and there is no requirement to precede a religious rite with a civil ceremony.[citation needed] Marriages performed outside of the United States are legally binding if officially recognized by the government of the country in which they are performed.[citation needed
]

Countries with mandatory civil marriage

In most

wedding gowns and the presence of family and friends, are usually conducted in special ceremonial rooms in the town hall.[citation needed
]

Countries with no civil marriage

There is no civil marriage in many

Middle Eastern countries, including Jordan,[9] Palestine, Saudi Arabia, Qatar, Iran, Lebanon, and Israel, as well as Libya and Indonesia;[10] all marriages are conducted by religious authorities and registered by civil authorities only after having been registered by authorities of officially approved religions or having been registered abroad. Israel and Lebanon officially recognize Islam, Christianity, Druze, and Judaism as different religious sects within the legal system; marriage is only possible within the same religion but allowed between different denominations of that religion.[11] In Lebanon, depending on gender and religion, interfaith marriages are permissible. A Muslim man may marry a Christian or Jewish woman, but a Muslim woman may not marry outside her faith. Druze themselves only permit intrafaith marriages. In Lebanon, gender and religion intersect in legal affairs. This intersection is captured by the concept of Sextarianism, which highlights that sectarian divisions and gender inequalities both are reinforced by personal status laws.[12] Lebanon does recognise civil marriages performed abroad,[13] but only if the parties to the marriage physically travel outside of Lebanon, which is unfeasible if they are denied a passport by the General Directorate of General Security.[14] By contact, Israeli law recognizes any marriage conducted abroad, even those officiated remotely by video conference in which the parties do not physically leave Israel. Malaysia and the United Arab Emirates allow civil marriage for non-Muslims only,[15] while in Kuwait, Bahrain and Afghanistan[16]
it is allowed for foreign citizens only.

Civil marriage and other unions of same-sex couples

Høje-Taastrup, Denmark
following a civil marriage
Main article: Same-sex marriage
See also: Civil union and Domestic partnership

As of January 2025, the following jurisdictions permit same-sex marriages:

In 22 countries worldwide and in several jurisdictions within Mexico, a same-sex couple can be legally partnered in a

registered partnership
. Couples in these unions or partnerships are afforded rights and obligations similar to, but not identical to, those of a married couple.

See also

Notes

References

  1. ^ "Civil Marriage Definition". Marriage.about.com. 2012-04-10. Archived from the original on 2023-02-27. Retrieved 2013-03-24.
  2. ^ "Demographic and Social Statistics: Marriage and divorce". unstats.un.org.
  3. ^ "OHCHR | Convention on Consent to Marriage, Minimum Age for Marriage".
  4. ^ "Child Marriage - Consent to Marriage - CEDAW - UN Convention on Marriage". Archived from the original on 2013-10-29. Retrieved 2013-03-31.
  5. ISBN 3-930929-12-0
    .
  6. ^ "England and Wales", Legal (article), Wedding Guide UK, archived from the original on 2013-02-09
  7. ^ "England and Wales", Music Not Allowed at Civil Ceremonies (article), Wedding Music Designer (Simon Jordan), 30 August 2015
  8. ^ "Legal wedding in Turkey". 2022-10-29.
  9. ^ Marriage in Jordan, USA: Jordan embassy, archived from the original on 2011-10-06
  10. ^ Marriage in Indonesia, BCC Visa Law, archived from the original on 2011-11-03, retrieved 2011-08-31
  11. ^ Mikdashi, M. (2022). Sextarianism. In Stanford University Press eBooks. https://doi.org/10.1515/9781503631564
  12. ISBN 978-1-5036-3156-4
    .
  13. ^ "Marriage Lawyers in Lebanon | Attorneys Beirut |". Retrieved 2024-02-28.
  14. ^ Sherry, Enass (2023-01-10). "Lebanon: Civil Marriages Struck Down for the Sake of "Equality"". The Legal Agenda. Retrieved 2024-12-08.
  15. ^ "Marriage". The Official Portal of the UAE Government. Retrieved 2022-11-21.
  16. ^ Marriage in Afghanistan, USA: Kabul embassy, archived from the original on 2011-09-06
  17. ^ "Archived copy". dysk.onet.pl. Archived from the original on 4 January 2017. Retrieved 22 May 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  18. ^ Israel's Supreme Court approves same-sex marriages performed abroad Archived September 30, 2011, at the Wayback Machine Israel Insider, November 21, 2006

Bibliography

  • van Eijk, Esther (2016). Family Law in Syria: Patriarchy, Pluralism and Personal Status Laws. Bloomsbury Publishing.
    ISBN 9781786730190
    .
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