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Marriage In The United Kingdom




Marriage in the United Kingdom has different sets of rules, for England , Wales , Scotland and Northern Ireland .


ELIGIBILITY

Marriage in the United Kingdom is between a man and a woman. Same-sex Marriage has not been recognised, although a case under the European Convention On Human Rights is being pursued to attempt to allow this. Civil Partnership s, available only to same-sex couples, provide similar civil benefits.

The Marriageable Age is

Weddings conducted in one part of the United Kingdom are valid in other parts, even if they would not have been valid there. Marriage must be between two otherwise unmarried people (divorce is recognised, but Bigamy and Polygamy are not).

Certain relatives are not allowed to marry. The list in Scotland is that one may not marry one's:


Additionally, the following marriages are not allowed except under certain circumstances:

  • former spouse's descendant or ancestor

  • ancestor or descendants's former spouse


The list of proscribed Affinities was reduced in the early twentieth century by the Deceased Wife's Sister's Marriage Act 1907 , the Deceased Brother's Widow's Marriage Act 1921 and the Marriage (Prohibited Degrees) Relationship Act 1931 .


MARRIAGE CEREMONIES

's '' Marriage à-la-mode '' satirised fashionable arranged marriages of the 18th century]]

Marriages can either be conducted by religious officials or by civil officials. Civil marriages may not take place in religious venues, but, since the Marriage Act 1994 in England and Wales, and by the Marriage (Scotland) Act 2002 in Scotland, may take place in other licenced venues.

The actual Marriage Register is signed by the couple and two Witness es.

Priests of the Church Of England and the Church In Wales are legally required to marry people, providing one of them is from the local Parish , regardless of whether the couple are practising. Special permission may be granted for out-of-parish weddings.

From the Marriage Act 1753 until 1837, only marriages conducted by the Church of England, by Quakers , or Jew ish marriages, were recognised in England And Wales . This was changed by the Marriage Act 1836 which, in addition to introducing Civil Marriage , also allowed ministers of other faiths ( Noncomformist s and Catholics) to act as registrars. The civil marriage law was superseded by the Marriage Act 1949 .

The Marriage Duty Acts of 1694 and 1695 required that banns or Marriage Licence s must be obtained. The 1753 Act also laid down rules for where marriages were allowed to take place, whom you were and were not allowed to marry, required at least two witnesses to be present at the marriage ceremony and set a minimum marriageable age. Scotland was not covered by this Act, which led to the practice of couples who could not meet the conditions in England eloping to Gretna Green , the first Scottish settlement on the main West Coast route from England.

In Scotland the Marriage (Scotland) Act 1977 regulates religious marriages.

For civil marriages, Bann s must be posted for fifteen days, at the appropriate registry office. Church of England marriages require the banns to be read out three times at the appropriate church.


COMMON LAW MARRIAGE


Legal Common-law Marriage was for practical purposes abolished in England and Wales under the Marriage Act, 1753. The term "common law marriage" is frequently used, however such a "marriage" is not recognised in law, and it does not confer any rights or obligations on the parties. It survives only in a few highly exceptional circumstances, where people who want to marry but are unable to do so any other way can simply declare that they are taking each other as husband and wife in front of witnesses. British civilians Interned by the Japan ese during World War II who did so were held to be legally married.

Under Scots Law , there were several forms of "irregular marriage" (including Marriage By Correspondence ), but all but one of them was abolished by 1947 . Today, Scotland remains the only European jurisdiction never to have abolished the old style common-law marriage or, as it is known in Scots Law, "marriage by habit and repute".


BENEFITS AND CONSEQUENCES

''Main article: Legal Consequences Of Marriage In The United Kingdom ''

Upon death of one's spouse, bequests to the other spouse do not incur Inheritance Tax . Intestate property by default will go to the spouse. Also, there is partial inheritance of pensions.

In courts, one spouse may not be compelled to Testify against the other. Non-British spouses of British citizens may obtain Residence Permit s.

Spouses are considered to have a Duty Of Care towards each other, and certain Social Security benefits are calculated differently from those for single people.


ROYAL MARRIAGES


Marriages of members of the royal family are regulated by the Royal Marriages Act Of 1772 , which made it illegal for any member of the British royal family (defined as all descendants of King George II , excluding descendants of princesses who marry foreigners) under the age of 25 to marry without the consent of the ruling monarch. Any member of the Royal Family over the age of 25 who has been refused the sovereign's consent may marry one year after giving notice to the Privy Council of their intention to so marry, unless Parliament passes an act against the marriage in the interim. In 2005, the Queen consented formally to the Wedding Of Charles, Prince Of Wales And Camilla Parker Bowles .

The royal family was specifically excluded from the Marriage Act 1836 which instituted civil marriages in England. However, Prince Charles's civil marriage raised questions. Lord Falconer Of Thoroton told the House Of Lords that the 1836 Act had been repealed by the Marriage Act 1949 which had different wording, and that the British Government were satisfied that it was lawful for the couple to marry by a civil ceremony in accordance with Part III of the 1949 Act, and the Registrar General Len Cook determined that a civil marriage would in fact be valid, the Human Rights Act 1998 apparently superseding any previously enacted legislation barring members of the royal family from civil marriages.


DIVORCE

''Main article: Divorce In The United Kingdom ''

Divorce is allowed on various grounds. In England And Wales the operative statute is the Matrimonial Causes Act 1973 , and the grounds are

Civil re-marriage is allowed. Religions and demoninations differ on whether they permit religious re-marriage.


SEE ALSO