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Encyclopedia > Marriage license
Napa, California: USA
A new bride humorously observes the legal signing of her marriage license by her maid of honor.

A marriage license (in American English) 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 spouse and spouse). Image File history File linksMetadata Size of this preview: 287 × 600 pixelsFull resolution (472 × 986 pixel, file size: 108 KB, MIME type: image/jpeg) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Maid of honor Marriage license User... Image File history File linksMetadata Size of this preview: 287 × 600 pixelsFull resolution (472 × 986 pixel, file size: 108 KB, MIME type: image/jpeg) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Maid of honor Marriage license User... USA In the USA, the bride might have several bridesmaids, but this is the position held by the brides chief attendant, typically her closest friend or sister. ... “Matrimony” redirects here. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... In many jurisdictions, common-law marriage is a legal provision whereby two people who are eligible to marry, but who do not obtain a legal marriage, are nevertheless considered married under certain conditions. ... This article is about a living arrangement. ...

Contents

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. The banns of marriage or, simply the banns, (from an Old English word meaning to summon) are the public announcement from the pulpit that a marriage is going to take place in that church between two specified persons at a specified time. ... A parish church is the church which acts as the religious centre of a parish, the basic administrative unit of episcopal churches. ... Canonical impediment is a term used in the Canon Law of the Catholic Church and refers to a legal obstacle which prevents a sacrament from being performed validly and/or licitly. ... In Christianity, an archbishop is an elevated bishop. ... This article is about a title or office in religious bodies. ... For the Major League Baseball player, see Maurice Archdeacon. ...


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. The Archbishop of Canterbury is the spiritual leader and senior clergyman of the Church of England, recognized by convention as the head of the worldwide Anglican Communion. ...


Hardwicke'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. For other marriage-related legislation, see Marriage Act In England and Wales, the Marriage Act 1753, also called Lord Hardwickes Marriage Act, required a formal ceremony of marriage, therefore abolishing common-law marriage. ... This article or section does not cite its references or sources. ... Pendle Hill, a landmark in the history of the Society of Friends. ...


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. Marriages may take place in churches other than Anglican churches, but these are governed by civil marriage law and notice must be given to the civil registrar in the same way. The marriage may then take place without a registrar being present if the church itself is registered for marriages and the minister or priest is an Authorised Person for marriages. The term Anglican (from Medieval Latin ecclesia anglicana, meaning the English Church) is used to describe the people, institutions and churches as well as the liturgical traditions and theological concepts developed by the state established Church of England, and developed in the Anglican Communion. ... redirect Births,_deaths_and_marriages_registry ...


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. In some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. ... A parish register is a book, normally kept in a parish church, in which details of baptisms, marriages and burials are recorded. ...


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. Genealogy is the study and tracing of family pedigrees. ...


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. However, in modern times the English and Scottish systems have been brought into line: all legal marriages in Scotland take place according to a similar system to that for English civil marriages.


Marriage licenses in the Americas

Example of marriage license issued in San Francisco
Example of marriage license issued in San Francisco

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. Image File history File links Download high-resolution version (600x783, 1110 KB) to replace jpg version STATE OF CALIFORNIA STATE OF CALIFORNIA This image is in the public domain in the United States. ... Image File history File links Download high-resolution version (600x783, 1110 KB) to replace jpg version STATE OF CALIFORNIA STATE OF CALIFORNIA This image is in the public domain in the United States. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties Libertarian Party State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... Nubian wedding with some international modern touches, near Aswan, Egypt Preparing for the photographs, at a wedding in Thornbury Castle, England A traditional Japanese wedding ceremony A wedding is a ceremony which celebrates the beginning of a marriage. ...


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.


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] The Libertarian Party is an American political party founded in 1971. ... It has been suggested that this article or section be merged into Christianity. ...


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

Mark D. Herber is a British author of genealogy, London legal history and family history books. ...

See also

The banns of marriage or, simply the banns, (from an Old English word meaning to summon) are the public announcement from the pulpit that a marriage is going to take place in that church between two specified persons at a specified time. ... In some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. ... Mary Elizabeth Winblad (1895-1987) birth certificate In most countries, a birth certificate is an official legal document usually containing most of the following information: Name at birth Date and time of birth Sex Place of birth Birth registration number (NHS number in UK) Legal parent(s) (including in UK... Death Certificate is the critically acclaimed second solo album from rapper Ice Cube, released on October 29, 1991. ...

External links



 

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