Legal Definitions - Marriage laws

Marriage laws are the specific legal rules and regulations established by a government (such as a state or country) that govern who can marry, the conditions under which a marriage is considered valid, and the procedures required to form a legal union between two individuals.

These laws vary significantly depending on the jurisdiction and typically cover a range of aspects, including:

• The minimum age at which individuals can marry, often with different requirements for parental or judicial consent.
• Whether certain types of relationships, such as common-law marriages (where a couple is considered married without a formal ceremony), are legally recognized.
• Procedural steps like obtaining a marriage license, any mandatory waiting periods before the license becomes effective, and the duration for which a license remains valid.
• Requirements for medical examinations, if any are mandated.
• Prohibitions against marrying close relatives (incest) or marrying someone who is already legally married to another person (bigamy).

Here are some examples illustrating how marriage laws apply:

• Example 1: Age and Parental Consent

  A 17-year-old high school couple in State A wishes to get married. State A's marriage laws stipulate that individuals must be at least 18 years old to marry without parental consent. However, the law also permits 16 and 17-year-olds to marry if they obtain written consent from both parents or a court order. If the couple proceeds with their plans, they would need to ensure they meet the parental consent requirement to legally marry in State A.

  How this illustrates the term: This example demonstrates how marriage laws establish minimum age requirements and provide specific conditions, like parental consent, for minors to enter into a legal marriage.

• Example 2: Marriage License and Waiting Period

  A couple from out of state decides to have a destination wedding in State B. When they visit the county clerk's office to apply for a marriage license, they are informed that State B's marriage laws require a 24-hour waiting period between the issuance of the license and when the marriage ceremony can legally take place. Additionally, the license is only valid for 60 days, meaning they must get married within that timeframe.

  How this illustrates the term: This scenario highlights how marriage laws dictate the procedural steps for obtaining a marriage license, including mandatory waiting periods and the validity duration of the license, which are crucial for a marriage to be legally recognized.

• Example 3: Recognition of Common-Law Marriage

  John and Mary have lived together as a couple for 20 years in State C, sharing finances, raising children, and presenting themselves as married to their community, but they never had a formal wedding ceremony. After John passes away, Mary seeks to claim survivor benefits. State C's marriage laws abolished common-law marriage in 1995, but they recognize common-law marriages that were established before that date. Since John and Mary began their relationship in 1990, their union would likely be recognized as a valid common-law marriage under State C's laws, allowing Mary to claim the benefits.

  How this illustrates the term: This example shows how marriage laws define different forms of legal marriage, such as common-law marriage, and how the historical context of these laws can impact the recognition of relationships formed in the past.