Marriage Law

Marriage law
Marriage law refers to the legal requirements which determine the validity of a marriage, which vary
considerably between countries.
Rights and obligations
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). hese may include!
"iving a husband#wife or his#her family control over a spouse$s labor, and property.
"iving a husband#wife responsibility for a spouse$s debts.
"iving a husband#wife visitation rights when his#her spouse is incarcerated or hospitali%ed.
"iving a husband#wife control over his#her spouse$s affairs when the spouse is incapacitated.
&stablishing the second legal guardian of a parent$s child.
&stablishing a 'oint fund of property for the benefit of children.
&stablishing a relationship between the families of the spouses.
hese rights and obligations vary considerably between societies, and between groups within society
(n medieval &urope, marriage came under the 'urisdiction of canon law, which recogni%ed as a valid
marriage one where the parties stated that they too) one another as wife and husband, even in absence
of any witnesses.
he *ouncil of rent (convened +,-,.+,/0) ruled that in the future a marriage was only valid in
Roman *atholic countries if it was witnessed by a priest of the Roman *atholic *hurch or, if obtaining
a priest were impractical, by other witnesses. his ruling was not accepted in the newly 1rotestant
nations of &urope, nor by 1rotestants who lived in Roman *atholic countries or their colonies in the
Americas or elsewhere, nor by &astern 2rthodo3 *hristians.
*ommon-law marriages were abolished in &ngland and 4ales by the Marriage Act +5,0. he Act
required marriages to be performed by a priest of the *hurch of &ngland . unless the participants in the
marriage were 6ews or 7ua)ers. he Act applied to (reland after the Act of 8nion +9::, but the
requirement for a valid marriage to be performed by a *hurch of &ngland priest created special
problems in predominantly Roman *atholic (reland. he law did not provide an e3ception. he Act did
not apply to ;cotland because by the Acts of 8nion +5:5 ;cotland retained its own legal system. o get
around the requirements of the Marriage Act, such as minimum-age requirements, couples would go to
"retna "reen, in southern ;cotland, to get married under ;cots law.
he Marriage Act of +5,0 also did not apply to <ritain=s overseas colonies of the time, so common-law
marriages continued to be recogni%ed in the future 8nited ;tates and *anada. (n the 8nited ;tates,
common-law marriages are still recogni%ed in Alabama, *olorado, (owa, >ansas, Montana, Rhode
(sland, ;outh *arolina, e3as, 8tah and the ?istrict of *olumbia,@AB and in several *anadian
provinces.
All countries in &urope have now abolished Cmarriage by habit and reputeC, with ;cotland being the
last to do so in A::/.@0B
Australia has recognised de facto relationships since the Damily Eaw act of A::F.
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