The marriage law refers to the legal requirements that determine the validity of marriage, and which varies greatly among countries.
Video Marriage law
Rights and obligations
Marriage, by definition, entitles and obliges the married party, and sometimes to the family, too, being the only mechanism for the creation of affinity bonds (in-laws). More than 2.3 million marriages occur in the US each year. This means they vow to be faithful and committed to each other. Historically, many societies have given rights and duties to husbands very different from the rights and obligations given to wives. In particular, control of marital property, inheritance rights, and the right to dictate the activities of marriage children, has usually been given to male married couples (for more details see the cover and the power of marriage). However, these practices are limited to many things in many countries, especially Western countries, in the 20th century, and more modern laws tend to define the rights and obligations of a partner without reference to gender. However, in various marriage laws around the world, husbands continue to have authority; for example the Iranian Civil Code states in Article 1105: "In the relationship between husband and wife, the position of the head of the family is the exclusive right of the husband".
These rights and duties vary widely among the legal, community and community systems, and may include:
- Giving a spouse or family controls part of a work or a spouse's property.
- Giving spouses responsibility for part of the couple's debt.
- Giving a husband/wife visit right when his or her partner is in prison or hospitalized.
- Giving a spouse to control the affairs of her partner when the couple can not afford.
- Establishes the second legal guardian of a parent's child.
- Establish a shared fund of property for the benefit of the children.
- Establish relationships between couples' families.
Maps Marriage law
Marriage of common law
In medieval Europe, marriage was under the jurisdiction of canon law, recognized as a legitimate marriage in which the parties claimed that they took a spouse as a wife and husband, even without the presence of witnesses.
The Council of Trent (held 1545-1563) decides that in future marriages are valid only in Roman Catholic countries if witnessed by a priest of the Roman Catholic Church or, if a priest is impractical, by another witness. This ruling is not accepted in new Protestant European countries, or by Protestants living in Roman Catholic countries or their colonies, or by Eastern Orthodox Christians.
Generally-legal marriage was abolished in England and Wales by the 1753 Marriage Act. The act required marriage to be done by a priest of the Church of England, unless the participants in the marriage were Jews or Quakers. The law was applied to Ireland after the Act of Union 1800, but the requirement for a legitimate marriage to be undertaken by a British Church priest creates special problems in Ireland dominated by Roman Catholicism. The law does not provide exceptions. The law does not apply to Scotland because by Acts of Union 1707, Scotland maintains its own legal system. To get around the terms of the Marriage Act, such as the minimum age requirement, the couple will go to Gretna Green in southern Scotland, to marry under Scottish law. (Like Lydia Bennet and George Wickham in Pride and Prejudice .)
The 1753 Marriage Act also did not apply to the overseas colonies of Britain at the time, so marriage to the law remained recognized in the future of the United States and Canada. In the United States, general-law marriages are still recognized in Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and the District of Columbia, and in some Canadian provinces.
All countries in Europe have now removed "marriage with customs and reputation", with Scotland becoming the last country to do so in 2006.
Australia has recognized the de facto relationship since the Family Law Act of 2009.
Restricted marriage
Marriage is an institution historically filled with restrictions. From age, to gender, social status, various restrictions placed on marriage by society, religious institutions, legal traditions and state.
Marriage age
Minimum age at which a person can legally marry, and whether parent or other consent is required, varies from country to country. In the US, the minimum age is 18 except for Nebraska (19) and Mississippi (21). In England and Wales, the general age at which a person can marry is 18 years, but children aged 16 or 17 can marry with the consent of their parent or guardian. If they can not obtain this they may obtain court approval, which may be provided by the Magistrates Court, or the family division of the Court or the Court of Appeal.
Gender restrictions
Legal, social, and religious restrictions apply in all countries regarding the sex of the couple.
In response to changes in social and political attitudes, some religious jurisdictions and denominations now recognize marriages between persons of the same sex. Other jurisdictions are "civil unions" or "domestic partnerships", while others explicitly prohibit same-sex marriage.
In 1989, Denmark became the first country in the modern era to provide same-sex couples the right to formulate their relationship as a registered partnership. By 2015, twenty-four countries have come to recognize same-sex marriage for civilian purposes, namely the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, Brazil, France, Uruguay, New Zealand , United Kingdom, Luxembourg, Finland, Ireland, and the United States. Denmark gives same-sex couples the right to marry in 2013, and this right extends to the right to marry in the Danish Church, although individual priests have the right to refuse to engage in such marriages. On June 26, 2015, the United States Supreme Court ruled that same-sex marriage ban is unconstitutional de jure , which de facto legalizes same-sex marriage in the United States.
Europe
To avoid the use of the term "marriage", some governments provide civil unions, which are open to same-sex couples, and in some areas as well for those of different sex who do not want to marry, to grant all or part of the benefits of marital status. Unions (and registered/domestic partnerships) are currently recognized and accepted in approximately 30 of 193 countries worldwide and in some US states. However, in countries where it has been adopted, applications for marriage licenses have far exceeded government demand forecasts. Some jurisdictions, such as the Israeli state, Aruba, and the Netherlands Antilles, as well as the state of New Mexico in the US recognize same-sex marriage legally entering elsewhere, while not allowing them to be undertaken locally. In addition to civil authority, some religious denominations ceremonially conduct civil unions and same-sex marriages, and recognize they are essentially equivalent to other marriages. For example, Lutheran churches in the Netherlands, New Zealand, Sweden and some Lutheran churches in the Evangelical Church in Germany allow blessing ceremonies for same-sex couples, such as the Unitarian Universalist Church.
Further religious conflict
These developments have created political and religious reactions in some countries, including in Britain, where the Church of England, after a long debate, officially banned gay couples blessings by British Church pastors, and in the United States, which continues to experience conflict, on religious grounds.
Restrictions on kinship
Kinship is two people related to blood, or adoption such as brother, sister, mother, father, aunt, uncle, etc. No European country bans marriage between first cousins. The US is the only western country with restrictions on cousin marriage. Communities often place restrictions on marriage with relatives, although the extent of the prohibited relationship varies greatly. In most societies, marriage between brothers and sisters is forbidden, with ancient Egyptian royalty, Hawaii, and the Inca a notable exceptions. In many societies, marriage between first cousins ​​is preferred, while at the other extreme, the medieval Catholic Church forbids even marriage between distant cousins. An estimated twenty percent of all couples around the world are first cousins. The marriage laws of all modern states restrict relatives of persons allowed to marry, although the degree of prohibited relations varies greatly. In most countries, marriage between brothers and sisters is prohibited. Many countries maintain the standard distance required (both in relationship and affinity) for marriage.
In the United Kingdom, the Deed of the Wife of the Deceased Wife of 1907 erased a previous ban from a man who married the sister of his dead wife. In Australia, marriages with ancestors or progeny are forbidden, such as marriage between brothers and sisters, whether the blood is whole or half blood and even if a brother or sister has been adopted.
All mainstream religions prohibit some marriage on the basis of consanguinity (lineal descent) and affinity (marital relationship) of married couples, although the standards vary.
Social restrictions
In the Hindu community of India, especially in the Brahmin caste, marrying a person with the same gotra is forbidden, since people of the same gotra are said to have identical patrilineal descendants. In ancient India, when gurukul existed, the shishya (disciples) were advised not to marry any teacher's children, because the shishya were also regarded as teacher's children and that would be considered a marriage among the brothers. However, there are exceptions, including the marriage of son Arjuna Abimanyu with Uttra, the student of Arjuna dance in Mahabharata. The Hindu Wedding Act of 1955 brought about reform in the field of the same grieving marriage, which was prohibited before the act's law. Today, the Indian constitution allows adult heterosexual couples (women aged 18 or over and men aged 21 and over) of any race, religion, caste, or religion to marry.
Many societies have also adopted other restrictions in which a person may marry, such as the prohibition of marrying people with the same surname, or persons with the same sacred animal. Anthropologists call this kind of restriction an exogamy. One example is the South Korean taboo against a man who married a woman with the same surname. The most common family names in South Korea are Kim (almost 20%); However, there are several branches (or clans) in Kim's family name. (Korean family names are divided into one or more clans.) Only intra-clan marriages are prohibited, because they are considered as one type of endogamy. Thus, many couples "Kim-Kim" can be found.
Society also sometimes requires marriage from within a certain group. Anthropologists call this restriction an endogamy. Examples of such restrictions would be a requirement to marry someone from the same tribe. The racist laws adopted by some societies of the past - such as the Nazi era of Germany, the era of South African apartheid, and most of the United States in the nineteenth and first half century of the 20th century - and which forbade marriage between people of the race Different can also be regarded as an example of endogamy. Similarly, in modern Israel only Jews can marry Jews. In the US, many laws prohibiting interracial marriage, which is a state law, were gradually withdrawn between 1948 and 1967. The US Supreme Court declared all laws unconstitutional in the case of Loving v. Virginia in 1967.
polygamy
Polygamy - marrying more than one couple - is illegal in many countries. Although accepted by some people, it is much more common than monogamy.
Polygamy is usually not allowed in most western countries, although some people recognize polygamous marriages conducted in other countries. In North America, only Saskatchewan allows and sanction polygamous relations under jurisdictional jurisdiction. Polygamy is practiced illegally by groups in the United States and Canada, especially by certain Mormon fundamentalist sects separated from the mainstream Latter-day Saint movement after the practice was abandoned in 1890.
Many societies, even some with polygamous cultural traditions, recognize monogamy as the only legitimate form of marriage. For example, the People's Republic of China shifted from allowing polygamy to only support monogamy in the Marriage Act of 1953 after the Communist revolution.
Many Africans and Muslims still allow polygamy. Africa has the highest rates of polygamy in the world. In Senegal, for example, nearly 47 percent of marriages multiplied. In India, only Muslims are allowed to practice polygamy.
Country recognition
In many jurisdictions, civil marriage can take place as part of a religious wedding ceremony, although theoretically they are different. In most American countries, marriage must be inaugurated by justice for peace to be acknowledged. However, priests, priests, rabbis, and many other religious authorities may act as proper state agents. In some countries, such as France, Spain, Germany, Turkey, Argentina, Japan and Russia, need to be married by government authorities separately from religious ceremonies, with state-binding state ceremonies. In such cases, marriage is usually legalized before the ceremony. Some jurisdictions allow civil marriage in circumstances not allowed by certain religions, such as same-sex marriage or civil unions.
Marital relationships can also be created by legal operations only, as in marriage of common law, sometimes called "marriage with customs and reputation." It is a judicial recognition that two persons who have lived as domestic partners are subject to the rights and duties of a legitimate marriage, even without being formally married. However, at least in the UK, marriage laws have been removed and no rights are available unless the couple marries or enters into a civil partnership. In all cases, a married person can not qualify for a general legal time frame until divorced from the previous partner.
In some cases, couples who live together do not want to be recognized as married, such as when pension or benefits are impaired, or due to taxation considerations, or because of immigration matters, and for many other reasons. Typically, consent forms the basis of a relationship that is not really married, with an unenforceable authoritative property law.
Status in the eyes of one authority may not be the same as another. For example, marriage can be recognized civil, but not by the church, and vice versa. Usually marriages conducted in one country will be recognized in another. Sometimes, however, religious ceremonies or marriages performed in one country are not recognized by others, such as same-sex marriage.
International recognition
Some countries provide legal recognition for marriages made in other countries under the Hague Convention on Marriage (1978). For this to happen, both the marriage state and the country of recognition sought shall be a member of this Convention.
If a marriage state is not a member of the Hague Convention on Marriage (1978), then the marriage document must be certified following the Apostille convention. This certification is usually done in marriage state by the embassy of the country whose confession is sought.
License
The marriage certificate is a document issued, either by the church or state authority, which allows a married couple to marry. The procedure for obtaining a license varies between jurisdictions and has changed over time.
Notifications
In many countries there is a requirement to give notice of marriage that will occur to the public so that objections to marriage may be raised. This habit is applied as a mechanism to require the consent of parents as well as the wider community.
Formality
While some countries, such as Australia, allow marriages to be held privately and at any location, others, including the United Kingdom, require civil ceremonies to take place in places specifically approved by law (eg church or registration office), and open to the public. Exceptions may be made in the case of a marriage with a special emergency license, which is usually given only when one of the parties is terminally ill. The rules about where and when people can marry vary from one place to another. Some rules require that one party be in the territory of the listing office.
In the United States, there is no law or religious injunction that says the bride should take the last name of the groom. However, about 70% of Americans agree that the bride should change her last name.
End wedding
In Britain, if a person refuses to recognize a person's marriage, then the marriage will be declared null and void. Marriage can also end when one partner dies. In addition, marriage can also be terminated by a divorce or cancellation. Divorce law varies significantly by country. The only country that does not allow divorce is the Philippines and the Vatican City, an ecclesiastical state, which has no divorce procedure. Countries that have recently divorced divorces are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991 *) Ireland ( 1996), Chile (2004) and Malta (2011).
See also
- Family law
- Wedding
- Prohibited kinship title
- Australian 1961 Marriage Act
References
External links
- Lord Hardwicke 1754 Marriage Act
Source of the article : Wikipedia
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