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{{short description|Overview of marriage law worldwide}}{{Redirect-distinguish|Marital law|Martial law}}{{For|the social and interpersonal aspects of marriage|Marriage}}{{update|date=December 2023}}(File:Marriage law.svg|450px|thumb|right|{{center|Marriage law by country}}{{legend|#00ffff|State recognizes civil marriages only}}{{legend|#008000|State recognizes both civil and certain religious marriages}}{{legend|#afdde9|State recognizes civil marriages; no additional information}}{{legend|#ff0000|State recognizes religious marriages only}}{{legend|#ff9955|Civil marriages only for foreigners}}{{legend|#ffff00|Civil marriages only for non-Muslims}}){{Family law}}Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries.

Summary table {| class"wikitable sortable" style"text-align:left"

! style="width:120px;"|Country/territory !! Civil marriages !! Religious marriages !! Customary marriages{{definition needed|date=September 2022}} !! Divorce !! Same-sexmarriages !! Polygamousmarriages

Afghanistan}}	{{Maybe		Recognized}}	{{N/A}}	{{Yes		Unrecognized}}	{{Yes	name=four|Men can have up to 4 wives}}

Albania}}	{{Yes		Not recognized}}	{{no		Legal}}	{{No		Illegal}}

Algeria}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Andorra}}	{{Yes			Not recognized}}	{{yes		Legal}}	{{No|Illegal}}

Angola}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Argentina}}	{{Yes			Not recognized}}	{{yes		Legal}}	{{No|Illegal}}

Armenia}}	{{Yes		Not recognized}}	{{no		Legal}}	{{No	name=for		Illegal}}

Australia}}	{{Yes		RecognizedHTTP://PRAWOKANONICZNE.UKSW.EDU.PL/SITES/DEFAULT/FILES/TEKSTY/POJEDYNCZE/05-TOMKIEWICZ-SKUTKI.PDF >TITLE=SKUTKI CYWILNE MAłżEńSTWA WYZNANIOWEGO ZAWARTEGO PRZEZ OBYWATELI POLSKICH PRZED DUCHOWNYMI KOśCIOłA RZYMSKOKATOLICKIEGO ZA GRANICą	FIRST= MAłGORZATA	ACCESS-DATE= 2019-05-18		Not recognized}}	{{yes		Legal}}	{{No|Illegal}}

Austria}}	{{Yes		Not recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Azerbaijan}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Bahamas}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Bahrain}}	{{maybe		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Bangladesh}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Belarus}}	{{Yes		Not recognized}}	{{no		Legal}}	{{No		Illegal}}

Belize}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Bhutan}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes|Legal}}

Belgium}}	{{Yes		Not recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Benin}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Rarely|Decriminalized}}

Botswana}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Brazil}}	{{Yes		Not recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Brunei}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Bulgaria}}	{{Yes		Not recognized}}	{{no		Legal}}	{{No		Illegal}}

Burkina Faso}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=cus}}

Burundi}}	{{Yes				Legal}}	{{No		Illegal}}

Cameroon}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{Yes|Legal}}

Canada}}	{{Yes		Recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Central African Republic}}	{{Yes				Legal}}	{{No		Legal}}

China}}	{{Yes		Not recognized}}	{{no		Legal}}	{{No		Illegal}}

Colombia}}	{{Yes		Recognized}}	{{no		Legal}}	{{yes		Illegal}}

Cyprus}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Illegal}}

Egypt}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Republic of Congo}}	{{Yes				Legal}}	{{No		Legal}}

Ivory Coast}}	{{Yes				Legal}}	{{No		Illegal}}

Chile}}	{{yes		Not recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Comoros}}	{{Yes				Legal}}	{{No		Legal}}

Croatia}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Czech Republic}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Denmark}}	{{Yes		Recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Djibouti}}	{{Yes				Legal}}	{{No		Legal}}

Ecuador}}	{{Yes			Not recognized}}	{{yes		Legal}}	{{No|Illegal}}

Equatorial Guinea}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=cus}}

Eritrea}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Estonia}}	{{Yes		Recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Eswatini}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes|Legal}}

Ethiopia}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Illegal}}

Finland}}	{{Yes		Recognized}}	{{no		Legal}}	{{yes		Illegal}}

France}}	{{Yes		Not recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Gabon}}	{{Yes				Legal}}	{{No		Legal}}

Gambia}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}

Georgia}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Germany}}	{{Yes			Not recognized}}	{{yes		Legal}}	{{No|Illegal}}

Ghana}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}{{efn|name=cus}}

Greece}}	{{Yes		Recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Guinea}}	{{Yes				Legal}}	{{No		Illegal}}

Guinea-Bissau}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=cus}}

Guyana}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Hong Kong}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Illegal}}

Hungary}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Iceland}}	{{Yes		Recognized}}	{{no		Legal}}	{{Yes		Illegal}}

India}}{{Citation

date=2023-10-22

work=Wikipedia

language=en}}

{{Yes

Recognized}}

{{Yes

Legal}}

{{No

Muslims only}}{{efn|name=four}}

Indonesia}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Iran}}	{{No		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Iraq}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Ireland}}	{{Yes		Recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Israel}}	{{No|Not performed}}	{{hidden	Jewish Muslim 10 Christian denominations Druze {edih} }}	Not recognized}}	{{yes		Unrecognized}}{{efn		Illegal}}

Italy}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Illegal}}

Jamaica}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Japan}}	{{Yes		Not recognizedHTTPS://WWW.JAPANISTRY.COM/GUIDE-GETTING-MARRIED-JAPAN-AS-FOREIGNER/>TITLE=GETTING MARRIED IN JAPAN AS A FOREIGNER		Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Jordan}}	{{No		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Kazakhstan}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{Rarely|Decriminalized}}

Kenya}}HTTP://KENYALAW.ORG/KL/FILEADMIN/PDFDOWNLOADS/ACTS/THEMARRIAGE_ACT2014.PDF>TITLE=MARRIAGE ACT, 2014,	{{Yes|Performed}}	{{hidden	Christian Muslim Hindu{edih} }}	Recognized}}	{{yes		Unrecognized}}	{{Yes|Legal}}

Kiribati}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Kosovo}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Kuwait}}	{{Maybe		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Laos}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Latvia}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Illegal}}

Lebanon}}	{{No		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Lesotho}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=cus}}

Liberia}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}{{efn|name=cus}}

Libya}}	{{No		Recognized}}	{{no		Legal}}	{{No		Legal}}{{efn|name=four}}

Lithuania}}	{{Yes		Recognized}}	{{no		Legal}}	{{No		Illegal}}

Luxembourg}}	{{Yes		Not recognized}}	{{no		Legal}}	{{Yes		Illegal}}

Madagascar}}	{{Yes				Legal}}	{{No		Illegal}}

Malawi}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=cus}}

Malaysia}}	{{Maybe		Recognized}}	{{no		Legal}}	{{No		Muslims only}}

Maldives}}	{{Yes				Legal}}	{{No		Legal}}{{efn|name=four}}

Mali}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Mauritania}}	{{No		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Mauritius}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{No|Illegal}}

Mexico}}	{{Yes		Not recognized}}	{{No		Legal}}	{{Yes		Illegal}}

Monaco}}	{{Yes			Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Mongolia}}	{{Yes				Legal}}	{{No		Illegal}}

Morocco}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Mozambique}}	{{Yes				Legal}}	{{No		Decriminalized}}

Namibia}}	{{Yes		Not recognized}}	{{Yes		Legal}}	{{No		Legal}}{{efn	Customary marriages only}}

Nepal}}	{{Yes				Legal}}	{{Maybe		Illegal}}

Netherlands}}	{{Yes		Not recognized}}	{{No		Legal}}	{{Yes		Illegal}}

New Zealand}}	{{Yes		Recognized}}	{{No		Legal}}	{{Yes		Illegal}}

Niger}}	{{Yes				Legal}}	{{No		Legal}}{{efn|name=four}}

Nigeria}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal(northern regions)}}{{efn|name=four}}

North Korea}}	{{Yes		Not recognized}}	{{No		Legal}}	{{No		Illegal}}

Norway}}	{{Yes		Recognized}}	{{No		Legal}}	{{Yes		Illegal}}

Oman}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Pakistan}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Palestine}}	{{No		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Papua New Guinea}}	{{Yes				Legal}}	{{No		Illegal}}

Peru}}	{{yes		Not recognized}}	{{no		Legal}}	{{No		Illegal}}

Philippines}}	{{Yes		Recognized}}	{{N/A}}	{{No		Unrecognized}}	{{Maybe	name=four}}

Poland}}	{{Yes|Performed}}	{{hidden	10 Christian denominations and Jewish communityHTTP://BIBLIOTEKACYFROWA.PL/CONTENT/42699/PROCEDURA_ZAWIERANIA_MALZENSTWA.PDF>TITLE=PROCEDURA ZAWIERANIA MAłżEńSTWA "KONKORDATOWEGO" W KONTEKśCIE POLSKIEGO PRAWA ADMINISTRACYJNEGO, }} }}	Not recognized}}	{{yes		Unrecognized}}	{{No|Illegal}}

Portugal}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Legal}}	{{No|Illegal}}

Qatar}}	{{No		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Romania}}	{{Yes				Legal}}	{{No		Illegal}}

Russia}}	{{Yes		Not recognized}}	{{No		Legal}}	{{No		Decriminalized}}

Rwanda}}HTTPS://REPOSITORIES.LIB.UTEXAS.EDU/BITSTREAM/HANDLE/2152/4230/2314.PDF?SEQUENCE=1>TITLE=FAMILY LAW IN RWANDA	LAST=NTAMPAKA,	{{Yes		Not recognized}}	{{No		Legal}}	{{No		Illegal}}

Saudi Arabia}}	{{No		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Senegal}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}{{efn|name=four}}

Sierra Leone}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=cus}}

Singapore}}	{{Yes		Muslim marriages only}}	{{No		Legal}}	{{No		Muslims only}}{{efn|name=four}}

Slovakia}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{No|Illegal}}

Slovenia}}	{{Yes				Legal}}	{{yes		Illegal}}

Somalia}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes	name=four}}

South Africa}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{yes	Civil marriages only}}	{{Yes	name=cus}}

South Korea}}	{{Yes				Legal}}	{{No		Illegal}}

South Sudan}}	{{Yes			Recognized}}	{{yes		Unrecognized}}	{{Yes|Legal}}

Spain}}	{{Yes		Recognized}}HTTPS://EC.EUROPA.EU/EUROSTAT/STATISTICS-EXPLAINED/INDEX.PHP?TITLE=GLOSSARY:MARRIAGE>TITLE=GLOSSARY:MARRIAGE,	{{No		Legal}}	{{Yes		Illegal}}

Sri Lanka}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Maybe	name=four}}

Sweden}}	{{Yes		Recognized}}	{{No		Legal}}	{{Yes		Illegal}}

Switzerland}}	{{Yes				Legal}}	{{Yes		Illegal}}

Sudan}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Syria}}	{{Yes		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

Taiwan}}	{{Yes				Legal}}	{{yes		Illegal}}

Tanzania}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}

Thailand}}	{{Yes				Legal}}	{{No		Illegal}}

Togo}}	{{Yes				Legal}}	{{No		Legal}}

Turkey}}	{{Yes		Not recognized}}	{{No		Legal}}	{{No		Illegal}}

Turkmenistan}}	{{Yes				Legal}}	{{No		Illegal}}

Uganda}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}

Ukraine}}	{{Yes		Not recognized}}	{{No		Legal}}	{{No		Illegal}}

United Arab Emirates}}	{{Maybe		ACCESS-DATE=2022-11-21		Recognized}}	{{N/A}}	{{yes		Unrecognized}}	{{Yes	name=four}}

United Kingdom}}	{{Yes		Recognized}}	{{No		Legal}}	{{Yes		Illegal}}

United States}}	{{Yes				Legal}}	{{Yes		Illegal}}

Uruguay}}	{{Yes				Legal}}	{{Yes		Illegal}}

Vatican City}}	{{N/A}}	{{Yes		Not recognized}}	{{No		Unrecognized}}	{{No|Illegal}}

Venezuela}}	{{Yes				Legal}}	{{No		Illegal}}

Vietnam}}	{{Yes				Legal}}	{{No		Illegal}}

Yemen}}	{{No		Recognized}}	{{N/A}}	{{yes		Not recognized}}	{{Yes	name=four}}

Zambia}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}

Zimbabwe}}	{{Yes		Recognized}}	{{Yes		Legal}}	{{No		Legal}}{{efn|name=cus}}

{{Notelist}}

Rights and obligations

{{See also|Rights and responsibilities of marriages in the United States}}File:V03p128a01 Ketubah.jpg|thumb|150px|A KetubahKetubah}}A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). Over 2.3 million weddings take place in the U.S. each year.WEB,weblink Wedding statistics in the United States, SoundVision.com, Historically, many societies have given sets of rights and obligations to husbands that have been very different from the sets of rights and obligations given to wives. In particular, the control of marital property, inheritance rights, and the right to dictate the activities of children of the marriage have typically been given to male marital partners (for more details see coverture and marital power). However, these practices were curtailed to a great deal in many countries, especially Western countries, in the twentieth century, and more modern statutes tend to define the rights and duties of a spouse without reference to gender. In various marriage laws around the world, however, the husband continues to have authority; for instance, the Civil Code of Iran states at Article 1105: "In relations between husband and wife; the position of the head of the family is the exclusive right of the husband".WEB,weblink The civil code of the Islamic Republic of Iran, 2015-07-17,weblink" title="web.archive.org/web/20170311161504weblink">weblink 2017-03-11, dead, These rights and obligations vary considerably among legal systems, societies, and groups within a society,BOOK, Leach, Edmund, Paul Bonannan and John Middleton, Marriage, Family, and Residence, The Natural History Press, 1968, 1-121-64470-8, and may include:

• Giving a husband/wife or his/her family control over some portion of a spouse's labor or property.
• Giving a husband/wife responsibility for some portion of a spouse's debts.
• Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized.
• Giving a husband/wife control over his/her spouse's affairs when the spouse is incapacitated.
• Establishing the second legal guardian of a parent's child.
• Establishing a joint fund of property for the benefit of children.
• Establishing a relationship between the families of the spouses.

Common law marriage

Common-law marriages were valid in England until Lord Hardwicke's 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 the 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.WEB, Common Law Marriages,weblink Encyclopædia Britannica, Inc., 24 August 2023, 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. The Council of Trent (1545–1563) introduced more specific requirements, ruling that future marriages would be valid only if witnessed by the pastor of the parish or the local ordinary (the bishop of the diocese) or by the delegate of one of said witnesses, the marriage being invalid otherwise, even if witnessed by a Catholic priest.This ruling was not accepted in the newly Protestant nations of Europe, nor by Protestants who lived in Roman Catholic countries or their colonies, nor by Eastern Orthodox Christians.{{citation needed|date=July 2022}}It is sometimes mistakenly claimedBarlow, A., Duncan, S., James, G., and Park, A., (2005) Cohabitation, Marriage and the Law: Social Change and Legal Reform in the 21st Century (Oxford: Hart), p.53 that before the Marriage Act 1753 cohabiting couples would enjoy the protection of a "common-law marriage". In fact, neither the name nor the concept of "common-law marriage" was known at this time.Probert, R., "Common-Law Marriage: Myths and Misunderstandings", Child & Family Law Quarterly vol.20 issue 1 p.1 Far from being treated as if they were married, couples known to be cohabiting risked prosecution by the church courts for fornication.Probert, R. (2012) The Legal Regulation of Cohabitation, 1600–2012: From Fornicators to Family (Cambridge: Cambridge University Press), ch. 2.The Marriage Act 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in what became the United States and Canada. Although it is claimed that common-law marriage in the US originated in English common-law, this institution in the United States appears to have originated in the primitive conditions of colonial America where the presence of relatively few clerics or civil officials necessitated a substitute for ceremonial marriage, and the need expanded as the settlers moved into the sparsely populated regions of the West.WEB,weblink Common-Law Marriage in Texas, January 1967, 2024-02-09, All countries in Europe have now abolished "marriage by habit and repute", with Scotland being the last to do so in 2006.Family Law (Scotland) Act 2006.Australia has recognised de facto relationships since the Family Law Act of 2009.In the United States by the second half of the 20th century, common-law marriages were valid in about one-third of the states, absolutely or conditionally (if entered into before a certain statute-defined date).WEB, Common Law Marriages,weblink Encyclopædia Britannica, Inc., 24 August 2023,

Marriage restrictions

Marriage is an institution that is historically filled with restrictions. From age, to gender, to social status, various restrictions are placed on marriage by communities, religious institutions, legal traditions and states.{{Citation needed|date=May 2020}}

Marriage age

The minimum age at which a person is able to lawfully marry, and whether parental or other consents are required, vary from country to country. In the U.S. the minimum age for marriage without parental and/or judicial approval is 18 except for Nebraska (19) and Mississippi (21); but most states allow exceptions to the general minimum age in some circumstances (see Marriage age in the United States).WEB, At What Age Do People Get Married Around the World?,weblink 2022-01-10, Priceonomics, 16 May 2016, en, In England and Wales the general age at which a person may marry is 18, but 16- or 17-year-olds may get married with their parents' or guardians' consent. If they are unable to obtain this, they can gain consent from the courts, which may be granted by the Magistrates' Courts, or the county or High Court family divisions.

Gender restrictions

{{See also|Same-sex marriage}}Legal, social, and religious restrictions apply in all countries on the genders of the couple.In response to changing social and political attitudes, some jurisdictions and religious denominations now recognize marriages between people of the same sex. Other jurisdictions have instead "civil unions" or "domestic partnerships", while additional others explicitly prohibit same-sex marriages.In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child".NEWS, Rule, Sheila, 2 October 1989, Rights for Gay Couples in Denmark, New York Times,weblink live, 19 August 2013,weblink" title="web.archive.org/web/20160304080523weblink">weblink 4 March 2016, In 2001, the Netherlands became the first country in the world to legalize same-sex marriage.WEB, Winter, Caroline, December 4, 2014, In 14 years, same-sex marriage has spread round the world,weblink live,weblink 13 January 2022, 2022-02-20, Bloomberg, NEWS, 26 May 2009, Same-sex marriage around the world, CBC News, Toronto,weblink live, 6 October 2009,weblink" title="web.archive.org/web/20101125125134weblink">weblink 25 November 2010, As of February 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, namely the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, Brazil, France, Uruguay, New Zealand, Luxembourg, the United States, Ireland, Colombia, Finland, Malta, Germany, Australia, Austria, Taiwan, Ecuador, the United Kingdom, Costa Rica, Chile, Switzerland, Slovenia, Cuba, Mexico, Andorra, Estonia, and Greece.WEB, The Freedom to MarryInternationally,weblink Freedom To Marry, 23 September 2015, freedomtomarryinternationally, dead,weblink" title="web.archive.org/web/20150923072749weblink">weblink 23 September 2015, Civil union, civil partnership, domestic partnership, and registered partnership statuses offer varying legal benefits of marriage. As of {{date}}, countries that have an alternative form of legal recognition other than marriage on a national level are: Bolivia, Croatia, Cyprus, the Czech Republic, Hungary, Italy, Liechtenstein, Monaco, Montenegro, and San Marino.WEB, Pearson, Mary, Where is Gay Marriage Legal?,weblink dead,weblink" title="web.archive.org/web/20120301004148weblink">weblink 1 March 2012, 20 February 2012, christiangays.com, WEB, Williams, Steve, Which Countries Have Legalized Gay Marriage?,weblink live,weblink 29 April 2019, 20 February 2012, Care2.com (news.bbc.co.uk as source),

Further religious conflicts

These developments have created a political and religious reaction in some countries, including in England, where the Church of England, after long debate, officially banned blessings of gay couples by Church of England clergy,WEB, House of Bishops issues pastoral statement on Civil Partnerships,weblink Church of England press release, 2005-07-25, 2006-12-05,weblink" title="web.archive.org/web/20080620002123weblink">weblink 2008-06-20, dead, and in the United States, which continues to experience conflicts, based upon religious grounds.

Kinship restrictions

{{Expand section|date=April 2008}}{{See also|Prohibited degree of kinship}}(wikt:kinship|Kinship) is two people that are related by blood or adoption, such as brother, sister, mother, father, aunt, uncle etc. No European country prohibits marriage between first cousins.{{citation needed|date=July 2022}} The U.S. is the only western country with cousin marriage restrictions.{{Citation needed|date=January 2017}} Societies have often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. In most societies, marriage between brothers and sisters has been forbidden, with ancient Egyptian, Hawaiian, and Inca royalty being prominent exceptions. In many societies, marriage between first cousins is preferred, while at the other extreme, the medieval Catholic Church prohibited marriage even between distant cousins.In the United Kingdom, the Deceased Wife's Sister's Marriage Act 1907 removed the previous prohibition for a man to marry the sister of his deceased wife. In Australia, marriage with an ancestor or descendant is prohibited, as is a marriage between a brother and a sister, whether of whole blood or half-blood and even if the brother or sister has been adopted.All mainstream religions prohibit some marriages on the basis of the consanguinity (lineal descent) and affinity (kinship by marriage) of the prospective marriage partners, though the standards vary.{{citation needed|date=April 2015}}

Social restrictions

{{More citations needed|date=April 2008}}In the Indian Hindu community,WEB, Government, Indian, 24 Sep 2001, THE HINDU MARRIAGE ACT, 1955,weblink 24 Sep 2001, High Court India, especially in the Brahmin caste, marrying a person of the same gotra was prohibited, since persons belonging to the same gotra are said to have identical patrilineal descent. In ancient India, when gurukuls existed, the shishyas (pupils) were advised against marrying any of guru's children, as shishyas were also considered the guru's children and it would be considered marriage among siblings. However, there were exceptions, including Arjuna's son Abhimanyu's marriage to Uttra, the dance student of Arjuna in Mahabharata. The Hindu Marriage Act, 1955 brought reforms in the area of same-gotra marriages, which were banned prior to the act's passage. Now the Indian constitution allows any consenting adult heterosexual couple (women 18 or older and men 21 or older) from any race, religion, caste, or creed to marry.Many societies have also adopted other restrictions on whom one can marry, such as prohibitions of marrying persons with the same surname, or persons with the same sacred animal. Anthropologists refer to these sorts of restrictions as exogamy. In South Korea, marriage between people having the same surname and belonging to the same clan was prohibited by the Article 809 of the Korean Civil Code, until the act was determined "non-conforming to the Constitution" in 1997. BOOK,weblink The First Ten Years of the Korean Constitutional Court, The Constitutional Court of Korea, 2001, Seoul, 123,weblink" title="web.archive.org/web/20120219184747weblink">weblink 2012-02-19, EN, Societies have also at times required marriage from within a certain group. Anthropologists refer to these restrictions as endogamy. An example of such restrictions would be a requirement to marry someone from the same tribe. Racist laws adopted by some societies in the past—such as Nazi-era Germany, apartheid-era South Africa, and most of the United States in the nineteenth and the first half of the 20th century—and which prohibited marriage between persons of different races could also be considered examples of endogamy.In modern Israel, the status of marriage is the same as it was historically under the Ottoman Empire and the British mandate, where civil marriage does not exist and authority for marriage is given by the state solely to the recognized religious denominations (Orthodox Judaism, Islam, Druze, and ten Christian denominations (primarily Orthodox Christianity and Catholicism, but also including the Episcopal Church).WEB, Miller, Akiva, THE POLICING OF RELIGIOUS MARRIAGE PROHIBITIONS IN ISRAEL: RELIGION, STATE, AND INFORMATION TECHNOLOGY,weblink 8 February 2022, Israeli couples who wish to contract a marriage that are not allowed under the auspices of any of these religious denominations (including same-sex marriages, marriages involving Israelis of Jewish descent who are not recognized by the state as Jewish and marriages between non-Jewish Arab citizens of Israel and Israeli Jews) or simply wish to get legally married outside the auspices of one of these institutions cannot do so in Israel itself. However, Israel does recognize civil marriages between Israeli citizens that are contracted abroad, including same-sex marriage, so couples in these situations will often hold a non-binding ceremony in Israel and fly abroad (often to nearby Cyprus) to contract a legal marriage that is then recognized in Israel.NEWS, Sommer, Allison, When Lucy Met Tzachi,weblink 8 February 2022, Foreign Policy, 15 November 2018, In the U.S., many laws banning interracial marriage, which were state laws, were gradually repealed between 1948 and 1967. The U.S. Supreme Court declared all such laws unconstitutional in the case of Loving v. Virginia in 1967.Loving v. Virginia, 388 U.S. 1 (1967).

Polygamy

{{See also|Forms of nonmonogamy}}File:Legality of polygamy.svg|thumb|400px {{legend|#009e73|Polygamy is only legal for Muslims}}{{legend|#56b4e9|Polygamy is legal}}{{legend|#0072b2|Polygamy is legal in some regions (Indonesia)}}{{legend|#d55e00|Polygamy is illegal, but practice is not criminalised}}{{legend|#000000|Polygamy is illegal and practice criminalised}}{{legend|#e0e0e0|Legal status unknown}} {{Bulleted list |style=margin:0.5em 0.5em 0.25em;border-top:1px solid#aaa;font-size:94%; |item_style=line-height:1.3em;| In India, Malaysia, Philippines and Singapore polygamy is only legal for In Nigeria and South Africa, polygamous marriages under customary law and for Muslims are legally recognized.| In Mauritius, polygamous unions have no legal recognition. Muslim men may, however, "marry" up to four women, but they do not have the legal status of wives.}} Polygamy—being married to more than one spouse—is illegal in most countries. Where polygamous marriages are allowed, it is typically polygyny that is permitted. While accepted by some societies, it is far less common than monogamy.BOOK, George Peter, Murdock, George Peter Murdock, Social Structure,weblink The MacMillan Company, New York, 1949, 0-02-922290-7, See also: Kaingang.Polygamy is normally not permitted in most western countries, although some recognize bona fide polygamous marriages that were performed in other countries. Polygamy is practiced illegally by some groups in the United States and Canada, primarily by certain Mormon fundamentalist sects that separated from the mainstream Latter Day Saints movement after the practice was renounced in 1890."Plural Marriage and Families in Early Utah", churchofjesuschrist.org.Many societies, even some with a cultural tradition of polygamy, recognize monogamy as the only valid form of marriage. For example, People's Republic of China shifted from allowing polygamy to supporting only monogamy in the Marriage Act of 1950 after the Communist revolution.{{Citation needed|date=October 2007}}In Islam, polygamy is permitted by the Quran (4:3) which states "If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice (between your wives) then ˹content yourselves with˺ one or those ˹bondwomen˺(slaves) in your possession. This way you are less likely to commit injustice (to the orphan girls in your care)." [This verse is from a para which is setting out rules for adoption of orphans.] WEB, Surah An-Nisa - 3,weblink 2022-06-14, Quran.com, en, Africa has the highest rate of polygamy in the world.WEB,weblinkweblink" title="web.archive.org/web/20070614061746weblink">weblink dead, 2007-06-14, Social and Cultural Issues,  {{small|(116 KiB)}} In India, only Muslims are allowed to practice polygamy.Muslim Marriage Act, 1956Polygamy, taking the form of polygyny, is most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria.WEB,weblink Polygamy is rare around the world and mostly confined to a few regions, In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). Polygyny is especially widespread in West Africa, with the countries estimated to have the highest polygyny prevalence in the world as of 2019 being Burkina Faso (36%), Mali (34%) and Gambia (30%). Outside of Africa, the highest prevalence is in Afghanistan, Yemen and Iraq.

Medical examination

Beginning in the early 20th century, a number of jurisdictions have mandated premarital medical testing or examinations for one or both parties. One of the most commonly mandated was a blood test for syphilis. Between the 1930s and 1950s, most US states passed laws requiring both parties to a marriage to undergo a Wassermann test (or equivalent) for syphilis. If one of the parties was found to have communicable syphilis, they would generally be prevented from marrying until they underwent treatment to resolve the infection. Before the availability of penicillin after World War II, the treatment of syphilis entailed a course of arsenic-based drugs for up to a year or more. These statutes were eventually repealed between the 1970s and 2000s, because they were considered to no longer be a cost-effective public health measure.DOROSHOW>FIRST=DEBORAH B, Wassermann Before Wedding Bells: Premarital Examination Laws in the United States, 1937–1950volume=34, 1, 2019, 141–169, 10.1093/shm/hkz057, In the 1980s and 1990s, many US state legislatures considered laws requiring premarital HIV testing, though only a small number were adopted, and were only briefly active before being repealed.CLOSEN>FIRST1=MICHAELFIRST2=ROBERTFIRST3=DEM, Mandatory Premarital HIV Testing: Political Exploitation of the AIDS Epidemicvolume=69year=1994pmid=11653344,weblink As of 2010, premarital HIV testing is legally mandated in Bahrain, certain provinces of China, Libya, Saudi Arabia, the United Arab Emirates, and Uzbekistan.WEB, Mandatory Premarital HIV Testing: An Overview, May 2010, Open Society Foundationsfirst=Katya,weblink

State recognition

{{see also|Conflict of marriage laws}}In many jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. In most American states, a wedding must be officiated by the justice of the peace in order for it to be recognized. However, priests, ministers, rabbis, and many other religious authorities can act as viable agents of the state. In some countries, such as France, Spain, Germany, Turkey, Argentina, Japan and Russia, it is necessary to be married by government authority separately from any religious ceremony, with the state ceremony being the legally binding one. In those cases, the marriage is usually legalized before the ceremony. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as same-sex marriages or civil unions.In a few jurisdictions, a marriage relationship may also be created by the operation of the law alone, as in common-law marriage, sometimes called "marriage by habit and repute." However, the term "common-law marriage" has wider informal use, and is commonly used to refer to cohabiting couples, regardless of any rights they may have. The institution of common-law marriage, in its original legal meaning, has been abolished in almost all jurisdictions that used to have it, and only survives in a few US states. In several jurisdictions, such as parts of Canada, while the law recognizes unmarried couples for various purposes, such relations are not common-law marriages within the original meaning of this legal concept. (see common-law marriage vs. cohabitation). The informal use of the term "common-law marriage" has given rise to many public misconceptions regarding this legal institution.WEB,weblink The status in the eyes of one authority may not be the same as for another. For example, a marriage may be recognised civilly, but not by a church, and vice versa.{{Citation needed|date=November 2008}} Normally a marriage entered into in one country will be recognised in other countries.{{Citation needed|date=November 2008}} Sometimes, however, a religious ceremony or a marriage entered into in one country is not recognized by another, such as a same-sex marriage.WEB,weblink Family Policy - Issues Affecting Gay, Lesbian, Bisexual and Transgender Families, 2008-11-25,weblink" title="web.archive.org/web/20131102064901weblink">weblink 2013-11-02, dead,

International recognition

Some countries give legal recognition to marriages performed in another country under the Hague Convention on Marriages (1978).WEB, Convention On Celebration And Recognition Of The Validity Of Marriage,weblink www.legallanguage.com, 20 April 2015, For this to apply, both the country of marriage and the country where recognition is sought need to be members of this convention.If the country of marriage is not a member of the Hague Convention on Marriages (1978), then the marriage documents will need to be certified following the Apostille convention. This certification is usually performed in the country of marriage by the embassy of the country whose recognition is sought.{{Citation needed|date=May 2020}}

License

A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions and has changed over time.

Notice

{{Expand section|date=April 2008}}{{unreferenced section|date=October 2022}}In many countries there is a requirement to give notice of an impending marriage to the community so that objections to the marriage can be raised. This custom was in place as a mechanism to necessitate the consent of parents as well as the wider community.

Formality

{{Expand section|date=April 2008}}File:Xinwupu-entrance-sign-0036.jpg|thumb|"Treasure legal marriage, fight illegal marriage!", a slogan in the village of Xinwupu, Yangxin County, HubeiYangxin County, HubeiWhile some countries, such as Australia, permit marriages to be held in private and at any location, others, including England, require that the civil ceremony be conducted in a place specially sanctioned by law (e.g., a church or register office), and be open to the public. An exception can be made in the case of marriage by special emergency license, which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require that one of the parties reside in the locality of the registry office.

Ending a marriage

A marriage can end when one partner dies, by divorce or by annulment. Divorce laws vary significantly by country. The only countries that do not allow divorce are the Philippines and the Vatican City, an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987),WEB,weblink Divorce Is Now Legal in Argentina but, So Far, Few Couples Have Taken the Break, Los Angeles Times, 12 July 1987, Paraguay (1991),Sex and the State: Abortion, Divorce, and the Family Under Latin. American Dictatorships and Democracies, by Mala Htun, pp 102 Colombia (1991){{Efn|Divorce between 1976-1991 was allowed only for non-Catholics.}} Ireland (1996), Chile (2004)NEWS, Chile introduces right to divorce, November 18, 2004,weblink BBC News, 2013-11-01, and Malta (2011).WEB, lawyersmalta.eu, 2023-11-22, Divorce Lawyers in Malta,weblink 2024-01-05, Lawyers in Malta, en-US,

See also

• Marriage Act
• Mesopotamian marriage law
• Prohibited degree of kinship

Notes

{{Notelist}}

References

{{Reflist}}

External links

{{EB1911 poster|Husband and Wife}}

• Lord Hardwicke 1754 Marriage Act

{{Authority control}}