Marriage is a significant social and legal institution that varies greatly across different countries and cultures. Understanding the laws surrounding marriage is crucial for anyone considering getting married, whether they are a citizen of the United States or planning a cross-border marriage. This guide will provide an overview of marriage laws in English-speaking countries, including the United States, the United Kingdom, Canada, Australia, and New Zealand.
Marriage Laws in the United States
Basics of Marriage in the U.S.
In the United States, marriage is primarily a state matter. This means that each state has its own laws and regulations regarding marriage. However, there are some federal laws that affect marriage, such as the Defense of Marriage Act (DOMA) and the Supreme Court decision in Obergefell v. Hodges.
Age of Consent
The age at which individuals can legally marry varies by state. Most states set the minimum age for marriage at 18, but some allow minors to marry with parental consent or at a higher age with a court order.
Eligibility
To marry in the U.S., individuals must be of legal age, not currently married, and capable of giving informed consent. Certain health conditions, such as a blood relative being too close, may also disqualify someone from marrying.
Marriage Licenses
Before getting married, couples must obtain a marriage license from the county clerk’s office in the state where they plan to marry. The requirements for obtaining a marriage license vary by state, but typically include proof of age, residency, and eligibility.
Same-Sex Marriage
In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marry. This decision made same-sex marriage legal in all 50 states.
Marriage Laws in the United Kingdom
Basics of Marriage in the U.K.
Marriage in the United Kingdom is governed by the Marriage Act 1949. The Act provides the legal framework for marriage in England, Scotland, Wales, and Northern Ireland.
Eligibility
Couples must be over the age of 18, not already married, and capable of giving informed consent. Certain health conditions may also disqualify individuals from marrying.
Marriage Licenses
In England and Wales, couples must obtain a marriage certificate and give notice of their intention to marry to the local registrar. In Scotland, couples must apply for a marriage schedule, and in Northern Ireland, couples must give notice of their intention to marry.
Civil Partnerships
Civil partnerships are available to same-sex couples and opposite-sex couples who are not eligible to marry. Civil partnerships offer many of the same legal protections as marriage.
Marriage Laws in Canada
Basics of Marriage in Canada
Marriage in Canada is governed by the federal Marriage Act. The Act provides the legal framework for marriage in Canada and recognizes marriages performed in other countries.
Eligibility
Couples must be over the age of 18, not already married, and capable of giving informed consent. Certain health conditions may also disqualify individuals from marrying.
Marriage Licenses
Couples must obtain a marriage license from a provincial or territorial government office. The requirements for obtaining a marriage license vary by province or territory.
Same-Sex Marriage
Canada became the first country in the world to legalize same-sex marriage through all civil courts in 2005. Since then, same-sex marriage has been recognized across the country.
Marriage Laws in Australia
Basics of Marriage in Australia
Marriage in Australia is governed by the Marriage Act 1961. The Act provides the legal framework for marriage in Australia and recognizes marriages performed in other countries.
Eligibility
Couples must be over the age of 18, not already married, and capable of giving informed consent. Certain health conditions may also disqualify individuals from marrying.
Marriage Licenses
Couples must obtain a marriage license from a registry office. The requirements for obtaining a marriage license vary by state or territory.
Same-Sex Marriage
Same-sex marriage was legalized in Australia in 2017 through a postal survey.
Marriage Laws in New Zealand
Basics of Marriage in New Zealand
Marriage in New Zealand is governed by the Marriage Act 1955. The Act provides the legal framework for marriage in New Zealand and recognizes marriages performed in other countries.
Eligibility
Couples must be over the age of 18, not already married, and capable of giving informed consent. Certain health conditions may also disqualify individuals from marrying.
Marriage Licenses
Couples must obtain a marriage license from a registry office. The requirements for obtaining a marriage license vary by region.
Same-Sex Marriage
New Zealand became the first country in the world to recognize same-sex marriage through a parliamentary vote in 2013.
Conclusion
Understanding marriage laws is essential for anyone considering getting married. The laws surrounding marriage vary greatly across different countries and cultures, so it is important to research the specific laws in your country or the country where you plan to marry. This guide provides an overview of marriage laws in English-speaking countries, but it is always advisable to consult with a legal professional for personalized advice.