https://indianpedia.org/index.php?action=history&feed=atom&title=Civil_marriageCivil marriage - Revision history2026-07-31T19:58:02ZRevision history for this page on the wikiMediaWiki 1.45.4https://indianpedia.org/index.php?title=Civil_marriage&diff=386503&oldid=prevBot at 11:22, 30 June 20232023-06-30T11:22:40Z<p></p>
<p><b>New page</b></p><div>{{Short description|Marriage performed, recorded, and recognized by a government official}}<br />
{{More citations needed|date= June 2023}}<br />
[[Image:Albert Anker - Die Ziviltrauung (1887).jpg|thumb|A civil marriage in 19th century [[Switzerland]] ([[Albert Anker]], 1887)]]<br />
A '''civil marriage''' is a [[marriage]] performed, recorded, and recognized by a government official.<ref>{{cite web|url=http://marriage.about.com/od/marriagelaws/g/civilmarriage.htm |title=Civil Marriage Definition |publisher=Marriage.about.com |access-date=2013-03-24}}</ref> Such a marriage may be performed by a [[religion|religious]] body and recognized by the state, or it may be entirely [[secular]].<br />
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==History==<br />
Every country maintaining a [[Civil registry|population registry]] of its residents keeps track of [[marital status]],<ref>{{cite web |url=http://unstats.un.org/unsd/demographic/sconcerns/mar/default.htm |title=Demographic and Social Statistics: Marriage and divorce |website=unstats.un.org }}</ref> 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)<ref>{{Cite web | url=http://www.ohchr.org/EN/ProfessionalInterest/Pages/MinimumAgeForMarriage.aspx | title=OHCHR &#124; Convention on Consent to Marriage, Minimum Age for Marriage}}</ref> or the United Nations [[Convention on the Elimination of All Forms of Discrimination against Women]] (1979) which carry a responsibility to register marriages.<ref>{{cite web |url=http://www.wunrn.com/news/2008/08_08/08_04_08/080408_child.htm |title=Child Marriage - Consent to Marriage - CEDAW - UN Convention on Marriage |access-date=2013-03-31 |url-status = dead|archive-url=https://web.archive.org/web/20131029201715/http://www.wunrn.com/news/2008/08_08/08_04_08/080408_child.htm |archive-date=2013-10-29 }}</ref> 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.<br />
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===In England===<br />
In [[Middle Ages|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 "[[Marriage Act 1753|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]], [[Religious Society of Friends|the Quakers]], or in a [[Jewish|Jewish ceremony]]. Any other form of marriage was abolished. Children born into unions that were not valid under the Act would not automatically [[Inheritance|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 [[Marriage Act 1836|1836]], the requirement that the ceremony takes place in a religious forum was removed, and [[Register office|registrar]]s have given the authority to register marriages not conducted by a religious official.<br />
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===In other European countries===<br />
[[File:A cauple wait for wedding.jpg|thumb|A couple waiting to get married in the town of [[Alghero]] on the island of [[Sardinia]], [[Italy]]]]<br />
Many European countries had institutions similar to [[common-law marriage]]. However, The [[Catholic Church]] forbade [[clandestinity (canon law)|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 [[Roman Catholic Church|Catholics]] any form of marriage not executed in a religious ceremony before a priest and two witnesses.<br />
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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.<br />
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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.<br />
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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 [[Free City of Frankfurt|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 [[Grand Duchy of Oldenburg|Oldenburg]] (1852/55, optional), [[Grand Duchy of Baden|Baden]] (1860), and [[Grand Duchy of Hesse|Hesse]] (1860) as well as the [[Kingdom of Württemberg]] (1863) followed suit.<ref>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}}.</ref> Civil marriages enabled [[interfaith marriage]]s as well as marriages between spouses of different Christian denominations. After the [[unification of Germany]] in 1871, the [[Reichstag (German Empire)|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.<br />
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==Civil marriage in the world currently==<br />
{{See also|Marriage law}}<br />
[[File:Marriage law.svg|400px|thumb|right|{{center|'''Civil marriage by country'''}}<br />
{{legend|#00ffffff|State recognizes civil marriages only}}<br />
{{legend|#008000ff|State recognizes both civil and certain religious marriages}}<br />
{{legend|#afdde9ff|State recognizes civil marriages; no additional information}}<br />
{{legend|#ff0000ff|State recognizes religious marriages only}}<br />
{{legend|#ff9955ff|Civil marriages only for foreigners}}<br />
{{legend|#ffff00ff|Civil marriages only for non-Muslims}}<br />
]]<br />
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===England and Wales===<br />
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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.<ref>{{Citation | url = http://www.weddingguideuk.com/articles/legal/englandwales.asp | publisher = Wedding Guide UK | type = article | title = Legal | contribution = England and Wales |url-status = dead| archive-url = https://archive.today/20130209043344/http://www.weddingguideuk.com/articles/legal/englandwales.asp | archive-date = 2013-02-09 }}</ref><br />
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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.<ref>{{Citation | url = http://celebratewithmusic.co.uk/songs-you-cant-have-at-a-civil-ceremony/ | publisher = Wedding Music Designer (Simon Jordan) | type = article | title = Music Not Allowed at Civil Ceremonies | date = 30 August 2015 | contribution = England and Wales}}</ref><br />
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===United States===<br />
[[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]].<br />
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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 marriage]]s 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.<br />
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===Countries with mandatory civil marriage===<br />
In most [[Europe]]an and [[Latin America]]n 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.<ref>{{Cite web |title=Legal wedding in Turkey |url=https://blissfulplans.com/getting-married-in-turkey/ |url-status=live}}</ref> 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.<br />
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===Countries with no civil marriage===<br />
There is no civil marriage in many [[Middle Eastern]] countries like [[Egypt]], [[Syria]],<ref>{{Citation | publisher = UNHCR | url = http://www.unhcr.org/refworld/topic,464db4f52,465161be2,3ae6ad796b,0.html | title = Syria: Social repercussions of a marriage between a male Druze and a Muslim woman}}</ref> [[Jordan]],<ref>{{Citation | url = http://jordan.usembassy.gov/acs_marriage_in_jordan2.html | title = Marriage in Jordan | publisher = Jordan embassy | place = USA |url-status = dead| archive-url = https://web.archive.org/web/20111006030656/http://jordan.usembassy.gov/acs_marriage_in_jordan2.html | archive-date = 2011-10-06 }}</ref> [[Saudi Arabia]], [[Qatar]], [[Yemen]], [[Iran]], [[Lebanon]], and [[Israel]], as well as [[Libya]], [[Mauritania]], and [[Indonesia]],<ref>{{Citation | url = http://bccvisalaw.com/marriage/marriage_in_indonesia.php | title = Marriage in Indonesia | publisher = BCC Visa Law | access-date = 2011-08-31 | archive-url = https://web.archive.org/web/20111103042404/http://bccvisalaw.com/marriage/marriage_in_indonesia.php | archive-date = 2011-11-03 | url-status = dead }}</ref> 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, [[Religion in Syria|Syria]], and [[Demographics of Lebanon#18 recognized religious groups|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.<ref>{{cite web |last1=Hassan |first1=Ali Wadea' |title=Between Church and State: Civil Marriage in the Arab World |url=https://raseef22.com/en/life/2017/05/07/church-state-civil-marriage-arab-world/}}</ref>{{efn|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 (Ottoman Empire)|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.{{sfn|van Eijk|2016|pp=29–30}}}} 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,<ref>{{Cite web |title=Marriage |url=https://u.ae/en/information-and-services/social-affairs/marriage |access-date=2022-11-21 |website=The Official Portal of the UAE Government}}</ref> while in [[Kuwait]], [[Bahrain]] and [[Afghanistan]]<ref>{{Citation | url = http://kabul.usembassy.gov/marriage.html | title = Marriage in Afghanistan | publisher = Kabul embassy | place = USA |url-status = dead| archive-url = https://web.archive.org/web/20110906135737/http://kabul.usembassy.gov/marriage.html | archive-date = 2011-09-06 }}</ref> it is allowed for foreign citizens only.<br />
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===Civil marriage and other unions of same-sex couples===<br />
[[File:Wedding party at Town Hall.jpg|thumb|People leaving the town hall of [[Høje-Taastrup]], [[Denmark]] following a civil marriage]]<br />
{{Main|Same-sex marriage}}<br />
{{See also|Civil union|Domestic partnership}}<br />
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{{asof|2022|10}}, the following jurisdictions permit same-sex marriages:<br />
* [[Same-sex marriage in Argentina|Argentina]]<br />
* [[Same-sex marriage in Australia|Australia]]<br />
* [[Same-sex marriage in Austria|Austria]]<br />
* [[Same-sex marriage in Belgium|Belgium]]<br />
* [[Same-sex marriage in Brazil|Brazil]]<br />
* [[Same-sex marriage in Canada|Canada]]<br />
* [[Same-sex marriage in Chile|Chile]]<br />
* [[Same-sex marriage in Costa Rica|Costa Rica]]<br />
* [[Same-sex marriage in Colombia|Colombia]]<br />
* [[Same-sex marriage in Cuba|Cuba]]<br />
* [[Same-sex marriage in Denmark|Denmark]]<br />
* [[Same-sex marriage in Ecuador|Ecuador]]<br />
* [[Same-sex marriage in Finland|Finland]]<br />
* [[Same-sex marriage in France|France]]<br />
* [[Same-sex marriage in Germany|Germany]]<br />
* [[Same-sex marriage in Iceland|Iceland]]<br />
* [[Same sex marriage in the Republic of Ireland|Ireland]]<br />
* [[Same-sex marriage in Luxembourg|Luxembourg]]<br />
* [[Same-sex marriage in Malta|Malta]]<br />
* [[Same-sex marriage in Mexico|Mexico]]{{efn|[[Same-sex marriage in Mexico City|Mexico City]] and other 27 states}}<br />
* [[Same-sex marriage in the Netherlands|Netherlands]]<br />
* [[Same-sex marriage in New Zealand|New Zealand]]<br />
* [[Same-sex marriage in Norway|Norway]]<br />
* [[Same-sex marriage in Portugal|Portugal]]<br />
* [[Same-sex marriage in Slovenia|Slovenia]]<br />
* [[Same-sex marriage in South Africa|South Africa]]<br />
* [[Same-sex marriage in Spain|Spain]]<br />
* [[Same-sex marriage in Sweden|Sweden]]<br />
* [[Same-sex marriage in Taiwan|Taiwan]]<br />
* [[Same-sex marriage in the United Kingdom|United Kingdom]]<ref>{{cite web |url=https://dysk.onet.pl/file_download/ojqCz |title=Archived copy |website=dysk.onet.pl |access-date=22 May 2022 |archive-url=https://web.archive.org/web/20170104233805/https://dysk.onet.pl/file_download/ojqCz |archive-date=4 January 2017 |url-status=dead}}</ref> <br />
* [[Same-sex marriage in the United States|United States]]<br />
* [[Same-sex marriage in Uruguay|Uruguay]]<br />
* [[Recognition of same-sex unions in Israel|Israel]] recognizes same-sex marriage performed abroad<ref>[http://israelinsider.com/Articles1/Politics/9915.htm Israel's Supreme Court approves same-sex marriages performed abroad] {{webarchive |url=https://web.archive.org/web/20110930142016/http://israelinsider.com/Articles1/Politics/9915.htm }} Israel Insider, November 21, 2006</ref> <br />
* [[Recognition of same-sex unions in Armenia|Armenia]] recognizes same-sex marriage performed abroad<br />
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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.<br />
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==See also==<br />
*[[Civil union]]<br />
*[[Common-law marriage]]<br />
*[[Domestic partnership]]<br />
*[[Same-sex marriage]]<br />
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==Notes==<br />
{{Notelist}}<br />
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==References==<br />
{{Reflist}}<br />
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==Bibliography==<br />
* {{Cite book|last=van Eijk|first=Esther|title=Family Law in Syria: Patriarchy, Pluralism and Personal Status Laws|publisher=Bloomsbury Publishing|year=2016|isbn=9781786730190}}<br />
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==External links==<br />
* <br />
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{{Types of marriages|state=autocollapse}}<br />
{{Authority control}}<br />
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{{DEFAULTSORT:Civil Marriage}}<br />
[[Category:Family law]]<br />
[[Category:Types of marriage]]</div>Bot