Civil marriage

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A civil marriage in 19th century Switzerland (Albert

Anker, 1887)
A civil marriage is a marriage performed, recorded, and recognized by a government
official.[1] Such a marriage may be performed by a religious body and recognized by the
state, or it may be entirely secular.

History[edit]
Every country maintaining a population registry of its residents keeps track of marital
status,[2] and all UN Member countries except Iran, Somalia, South Sudan, Sudan,
and Tonga have signed or ratified either the United Nations Convention on Consent to
Marriage, Minimum Age for Marriage, and Registration of Marriages (1962)[3] or the
United Nations 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
countries, 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[edit]
In medieval Europe, marriage was governed by canon law, which recognized as valid
only those marriages where the parties stated they took one another as husband and
wife, regardless of the presence or absence of witnesses. It was not necessary,
however, to be married by any official or cleric. This institution was canceled in England
with the enactment of "Lord Hardwicke's Marriage Act" of 1753, which required that, in
order to be valid and registered, all marriages were to be performed in an official
ceremony in a religious setting recognized by the state, i.e. Church of England, the
Quakers, or in a Jewish ceremony. Any other form of marriage was abolished. Children
born into unions that were not valid under the Act would not automatically inherit the
property or titles of their parents. For historical reasons, the Act did not apply in
Scotland. Consequently, until 1940, it continued to be enough in Scotland for a man and
a woman to pledge their commitment to each other in front of witnesses to legalize their
marriage. This led to an industry of "fast marriages" in Scottish towns on the border with
England; the town of Gretna Green was particularly well known for this. In 1836, the
requirement that the ceremony takes place in a religious forum was removed,
and registrars have given the authority to register marriages not conducted by a
religious official.
In other European countries[edit]

A couple waiting to get married in the town of Alghero on

the island of Sardinia, Italy
Many European countries had institutions similar to common-law marriage. However,
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
1566, the edict of the Council of Trent was proclaimed denying 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 Germany, the Napoleonic code was valid only in territories conquered by Napoleon.
With the fall of his empire, civil marriage in Germany began to die out. However, certain
sovereign German states introduced civil marriages, which were either obligatory (like
the French model) or optional, with either a religious or civil ceremony being accepted.
Already before 1848, the Grand-Duchy of Saxe-Weimar-Eisenach enacted optional civil
marriages, followed by the German republics of the Free City of Frankfurt upon
Main (1850, obligatory), Free and Hanseatic City of Hamburg (1851, optional) and 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.

Civil marriage in the world currently[edit]

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[edit]
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[edit]
Marriage in the United States is largely regulated by state laws, though the Supreme
Court has the authority to strike down unconstitutional laws — see cases Loving v.
Virginia and Obergefell v. Hodges.
All states and the District of Columbia, as well as U.S. Territories, require a marriage
license issued by local civil authorities. As a rule, ministers of religion (e.g. rabbis or
Christian pastors) are authorized in law to perform marriages; various state or local
officials, such as a mayor, judge, deputy marriage commissioner, or justice of the
peace, are also empowered to conduct civil wedding ceremonies, which may take place
in public offices. Many counties in Pennsylvania allow self-uniting marriages for which
no official minister is required, owing to the state's Quaker heritage. 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.
Countries with mandatory civil marriage[edit]
In most European and Latin American countries there is a civil ceremony requirement.
Following the civil marriage ceremony, couples are free to marry in a religious
ceremony. Such ceremonies, however, only serve to provide a religious recognition of
the marriage, since the state's recognition has already been given. In some of these
countries (e.g. Belgium, the Netherlands and Turkey) most couples marry without any
religious ceremony at all.[8] Full, formal weddings, complete with wedding gowns and the
presence of family and friends, are usually conducted in special ceremonial rooms in
the town hall.
Countries with no civil marriage[edit]
There is no civil marriage in many Middle Eastern countries like Egypt, Syria,[9] Jordan,
[10]
Saudi Arabia, Qatar, Yemen, Iran, Lebanon, and Israel, as well as Libya, Mauritania,
and Indonesia,[11] among others; all marriages are conducted by religious authorities, and
are registered by civil authorities only after having been registered by authorities of
officially approved religions, or, having been registered abroad. Some of those countries
as Israel, Syria, and Lebanon officially recognize Islam, Christianity, Druze, Judaism,
and marriage are possible but usually only within the same community. Contrary to the
situation in Lebanon, Syrian law prohibits the recognition of any marriage that falls
outside the existing proscriptions of its personal status laws, even if the couple marries
abroad.[12][a] Egypt recognizes civil marriages but is very complicated. One needs to
complete all necessary paperwork and then one must go[where?] with two men as one's
witnesses. Foreigners will need a paper from their embassy. This yields particular
problems for those refused divorce by their spouses, or couples in religious traditions
that forbid divorce altogether. Malaysia and Abu Dhabi, the capital city of United Arab
Emirates, allows civil marriage for non-Muslims only,[14] while
in Kuwait, Bahrain and Afghanistan[15] it is allowed for foreign citizens only.
Civil marriage and other unions of same-sex couples[edit]

People leaving the town hall of Høje-

Taastrup, Denmark following a civil marriage
Main article: Same-sex marriage
See also: Civil union and Domestic partnership
As of October 2022, the following jurisdictions permit same-sex marriages:

 Argentina
 Australia
 Austria
 Belgium
 Brazil
 Canada
 Chile
 Costa Rica
 Colombia
 Cuba
 Denmark
 Ecuador
 Finland
 France
 Germany
 Iceland
 Ireland
 Luxembourg
 Malta
 Mexico[b]
 Netherlands
 New Zealand
 Norway
 Portugal
 Slovenia
 South Africa
 Spain
 Sweden
 Taiwan
 United Kingdom[16]
 United States
 Uruguay
 Israel recognizes same-sex marriage performed abroad[17]
 Armenia recognizes same-sex marriage performed abroad
In 22 countries worldwide and in several jurisdictions within Mexico, a same-sex couple
can be legally partnered in a civil union, domestic partnership or 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[edit]
 Civil union
 Common-law marriage
 Domestic partnership
 Same-sex marriage

Notes[edit]
1. ^ During the Mandate for Syria and Lebanon, French High Commissioner of the Levant Damien de
Martel enacted Law no. 60/LR (Lois et Réglements) on 13 March 1936, which would give different
religious communities the right to form their family laws in their own religious courts. However,
Muslims rejected the notion which would make them equal to non-Muslims and lose the privileged
status made by the Ottoman Millet system. The Muslims also rejected Law no. 146/LR on 18
November 1938 enacted by High Commissioner Gabriel Puaux, which would recognize civil marriages
contracted abroad, and require citizens to follow civil laws which are not explicitly regulated within
one's religious community.[13]
 2. ^ Mexico City and other 27 states

References[edit]
1. ^ "Civil Marriage Definition". Marriage.about.com. 2012-04-10. 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. ^ Julius Schoeps, "Emanzipation der Herzen – oder: Der Fall Ferdinand Falkson",
in: PreußenJahrBuch: Ein Alamanch [published on the occasion of the Projekt Preussen 2001],
Museumspädagogischer Dienst Berlin (MD Berlin) in collaboration with the Landesverband der
Museen zu Berlin and Museumsverband des Landes Brandenburg (ed.), Berlin: MD Berlin, 2000, pp.
52–56, here p. 56. 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. ^ Syria: Social repercussions of a marriage between a male Druze and a Muslim woman, UNHCR
10. ^ Marriage in Jordan, USA: Jordan embassy, archived from the original on 2011-10-06
11. ^ Marriage in Indonesia, BCC Visa Law, archived from the original on 2011-11-03, retrieved 2011-08-
31
12. ^ Hassan, Ali Wadea' (13 May 2017). "Between Church and State: Civil Marriage in the Arab World".
13. ^ van Eijk 2016, pp. 29–30.
14. ^ "Marriage". The Official Portal of the UAE Government. Retrieved 2022-11-21.
15. ^ Marriage in Afghanistan, USA: Kabul embassy, archived from the original on 2011-09-06
16. ^ "Archived copy". dysk.onet.pl. Archived from the original on 4 January 2017. Retrieved 22
May 2022.
17. ^ Israel's Supreme Court approves same-sex marriages performed abroad Archived September 30,
2011, at the Wayback Machine Israel Insider, November 21, 2006

Bibliography[edit]
 van Eijk, Esther (2016). Family Law in Syria: Patriarchy, Pluralism and Personal
Status Laws. Bloomsbury Publishing. ISBN 9781786730190