Marriage Law - State Recognition

State Recognition

In many jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. In most American states, a wedding must be officiated by the justice of the peace in order for it to be recognized. However, priests, ministers, rabbis, and many other religious authorities can act as viable agents of the state. In some countries, such as France, Spain, Germany, Turkey, Argentina, Japan and Russia, it is necessary to be married by government authority separately from any religious ceremony, with the state ceremony being the legally binding one. In those cases, the marriage is usually legalized before the ceremony. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as same-sex marriages or civil unions.

Marriage relationships may also be created by the operation of the law alone, as in common-law marriage, sometimes called "marriage by habit and repute." This is a judicial recognition that two people who have been living as domestic partners are subject to the rights and obligations of a legal marriage, even without formally marrying. However, in the UK at least, common-law marriage has been abolished and there are no rights available unless a couple marries or enters into a civil partnership. In all cases, a married person cannot become eligible for common law timeframe until divorced from any previous spouse.

In some cases couples living together do not wish to be recognised as married, such as when pension or alimony rights are adversely affected, or because of taxation consideration, or because of immigration issues, and for many other reasons. Usually, consent forms the basis of such relationships that are not really marital, with authoritative property laws being inapplicable.

The status in the eyes of one authority may not be the same as for another. For example, a marriage may be recognised civilly, but not by a church, and vice versa. Normally a marriage entered into in one country will be recognised in other countries. Sometimes, however, a religious ceremony or a marriage entered into in one country is not recognized by another, such as a same-sex marriage.