Marriage license
From Wikipedia, the free encyclopedia
A marriage license (or marriage licence in British English) is permission from a legal authority (either church or state) for the marriage of two people to be performed. The details of how licenses are obtained, and in what circumstances, has differed between countries and throughout history. Licenses to marry began in the Middle Ages, when their purpose was to give permission for a marriage which would otherwise be illegal (for instance, if the necessary period of notice for the marriage had not been given). However, in some modern jurisdictions they have become a statutory requirement for a marriage to take place and may even serve as the record of the marriage itself. In others, valid marriages can occur without a license (for example, in places where licenses are not mandatory, in cases where a couple obtain a pardon for having married without license, or in jurisdictions permitting common law marriage, by cohabitation and representation as husband and wife).
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[edit] Marriage licences in the UK
In England and Wales, the Church introduced the practice of "calling the banns" in 1215. This involved the public announcement of a forthcoming marriage, in the couple's parish church, for three Sundays, prior to the event, and gave an opportunity for any objections to the marriage to be voiced (for example, if one of the parties was already married). In the 14th century marriage licences were introduced, allowing this usual notice period to be waived, on payment of a fee and accompanied by a sworn declaration that there was no legal impediment to the marriage. Licences were usually granted by an archbishop, bishop or archdeacon. There could be a number of reasons for a couple to obtain a licence: they might wish to marry quickly (and avoid the three weeks' delay incurred by the calling of banns); they might wish to marry in a parish away from their home parish; or, because a licence required payment, they might choose to obtain one as a status symbol.
There were two kinds of marriage licence that could be issued: the usual was known as a common licence and named one or two parishes where the wedding could take place, within the jurisdiction of the person who issued the licence. The other was the special licence, which could only be granted by the Archbishop of Canterbury, or his officials, and allowed the marriage to take place in any church.
Harwicke's Marriage Act 1753 affirmed this existing ecclesiastical law and built it into statutory law. From this date, a marriage was only legally valid if it followed the calling of banns in church, or the obtaining of a licence—the only exceptions being Jewish and Quaker marriages, whose legality was also recognised.
Since 1837, civil marriages have been a legal alternative to church marriages so, today, a couple has a choice between being married in the Anglican Church, after the calling of banns or obtaining a licence, or else they can give "Notice of Marriage" to a civil registrar. In this latter case, the notice is publicly posted for 15 days, after which a civil marriage can take place.
The licence does not record the marriage itself, only the permission for a marriage to take place. Since 1837, the proof of a marriage has been by a marriage certificate, issued at the ceremony; before then, it was by the recording of the marriage in a parish register.
Examples of English and Welsh marriage licences are not often seen: the licence has always been issued to the couple but serves no purpose after the marriage has taken place, so few historical examples survive. However, the issuing authorities kept a central record of the allegations or bonds that were required, in order for a licence to be issued. These varied through history, but their purpose was to record the sworn statement that there was no legal impediment to the marriage and, in some cases, stating an amount of money that would be forfeit, if some impediment were later to emerge. These bonds and allegations are an important source for English genealogy.
Marriage law and practice in Scotland differs from that in England and Wales. Historically, it was always considered legal and binding for a couple to marry by making public promises, without a formal ceremony. Church marriages "without proclamation" are somewhat analogous to the English "marriages by licence" although licences were not formally issued in Scotland.
[edit] Marriage licenses in the Americas
Every state in the United States issues marriage licenses. After the marriage ceremony, both spouses and the officiant sign the marriage license (some states require a witness). The officiant or couple then files for a certified copy of the marriage license and a marriage certificate with the government.
The requirements for getting a marriage license vary widely between governments. While many US states require a waiting period of 1 to 6 days, in Brazil, for example, the process can take 60 days. During this time the state conducts an investigation, which may include checking prior marriage records, analyzing any relationship between the fianceés, and checking each partner's blood to make sure they are not likely to produce diseased offspring due to both being likely to have the same recessive disease-causing gene.
International human rights law, and many constitutions guarantee the right to marry a partner of one's choice. The rationale in such states for marriage licenses is that the state has an overriding right on behalf of its other citizens to protect them from disease or improper marriages being performed, to keep accurate state records, or even to assure that marriage partners have had adequate time to think before marrying, in the interests of the greater society.
[edit] Controversy
Some groups believe that needing to obtain a marriage license from the State in order to be married is unnecessary or immoral. The Libertarian Party, for instance, believes that all marriages should be civil, not requiring sanction from the State.[1] Some Christian groups also feel that, since marriage is a contract between two people and God, no authorization from the State is required.[2]
[edit] References
- Mark D Herber, Ancestral Trails - The complete guide to British genalogy and family history, Sutton Publishing, 1997, ISBN 0-7509-1418-1
- C R Chapman & P M Litton, Marriage laws, rites, records and customs, Lochin Publishing, 1996
