Marriage Law, Requirements & Notes

This is the legal requirements that must be obtained before forming a family. They define the concept of marriage and vary from one country to another. Marriage has certain rights, laws and obligations that married couples should stick to at any point once they commit to living together as a family. The couples take a vow to stay together and to be faithful to one another through all the circumstances of life.

There are millions of wedding ceremonies that take place annually across the globe where couples come together. Many societies have developed a set of laws and obligations that husbands and wives must commit to in the household they are living in. All these rights include management of property, inheritance laws and control of children. In several marriage laws across the cultural societies, the husband is given authority over the wife and is in control of all things around his homestead including making decisions.

However, this is quite different from the western countries as their rights and obligations are made regardless of gender. In such a case women have some privileges that are much higher than the legal stand of their male counterparts. The legal rights and obligations are quite different from one society to another.

The common laws for marriage in society.

Marriage came through canon law in Europe which established a working marriage to be one where the couples consider one another as husband and wife and are able to work for mutual benefit. Marriage law essays can be developed by keenly studying the history and nature of marriage across societies.

Legal requirements for a valid marriage

• Age of consent. Each must at least be 18 years old. Anyone who is below this age may get married through parents’ written consent. This is the minimum age at which one should lawfully get a spouse. This, however, varies from one country to another. For instance, in the US the minimum age of marriage is 18 and this applies to many other countries. At this level, the couples may get consent from the courts where they are given permission by the magistrate’s court.
• Mental capacity. Each person getting engaged should be sane and mentally stable.
• License. The couple should obtain a marriage license from a clerk or judge which will authorize them to get married. Blood test. Some countries make it a requirement for the couples` blood to be tested before getting married.
• Unmarried. Each person of the two couples must be single and unmarried at that point.
• Waiting period. Some countries require the couples to wait for about six days after obtaining the marriage license then thereafter marry.
• Marriage ceremony. Most of the countries require a ceremony to be conducted by the couple to show that indeed they are becoming one. The ceremony can be religious, civil or cultural.
• Exchange of vows. Any legal marriage must involve the exchange of vows to mean that the two may exchange rings to act as a binding agreement.
• Gender restrictions. These are the general restrictions that exist in society. Several marriages consider legal, religious and social restrictions before marrying. For instance, as the world gets on becoming improved, some societies have started recognizing the marriage of the same sex while others prohibit this. Denmark was the first country to accept same-sex marriages.

Common marriage documentation laws that must be met:

• The couple should mutually agree to marry each other.
• They must be willing to live together as husband and wife.
• Must be legally qualified to be married. Should have attained the minimum year for marriage.
• Must present themselves to the public as a married couple.

Some other basic rights and obligations in the marriage setup are:

• Right to control the family property. This determines the one who has more authority over the other one. It could be a husband or wife.
• Responsibility and obligation over existing debts in the family.
• Formation of second caretaker or guardian of the parent’s child.
• Development of a common fund of property to benefit the children.
• Relationship between the spouses’ relatives.
• Visitation rights when one is hospitalized.

Legal Checklist For Getting Married

Getting married is one of the most exciting things. But as much as there is excitement. Most people find themselves worried and very nervous. You could be wondering where to begin. It can be even more challenging when you and your partner differ in traditions and norms concerning marriage. What’s more important is that your union binds you legally.

Legal binding includes obtaining legal documents from the court of law. This requirement determines if or not your marriage is valid. So, do you plan on getting married soon? Or have you already made a plan? Congratulations! Here is a legal checklist for getting married;

Marriage License

A legal marriage should have a marriage license. The state authority or a church issue the license. There are often procedures to be followed before attaining this license. These procedures may differ from state to state and can change over time. The marriage license shows that you are legally permitted to marry. The license is useful in the state where you acquire it. You can not acquire a license from this one state when the wedding will take place in another state.

Marriage ceremony

A marriage ceremony is also another requirement that is vital when getting married. You perform a marriage ceremony in the presence of witnesses and the person officiating the marriage. The witnesses should be at least two.

Pre-marriage agreement

Also called a prenuptial agreement. It is meant to protect the spouses’ assets and to figure out who is to bear particular debts. When you sign a prenuptial agreement, you get into a financial contract with your spouse. It is very important to use it, especially if you want to protect your children’s inheritance.


Most countries require that you provide notice of approaching marriage. A notice allows the community to raise any objections they have against the union. It also allows parents and close relatives to give their consent on the marriage.

Name changes

Most spouses prefer that the woman changes her last name to that of their husbands. Some couples choose to come up with a completely different name. In this case, you are supposed to change your name legally. This includes changing names in all of your documents.

Agreements with the wedding vendors

During the marriage ceremony, you will need several services. Most ceremonies hire catering, photography services among others. You need to agree with these vendors, stating the terms of service they should provide. They (vendors) get to know the number of people they are expected to offer services to. This helps them to plan adequately for the event.

To sum up, we all agree that marriage is a crucial rite of passage. Every couple wants to have a happy marriage and be forever together. But planning a marriage can be very stressful at times. You have so many decisions to make at this moment. Just do not forget to take time and consider the legal aspects of marriage. While this union is a time to rejoice and triumph, it’s important you understand that it should be legally binding between two people. Before you get married, you can consider going through the legal checklist to guide you.

Wedding: Why so Important

A) Commitment

Wedding is a great show of commitment. It is a show of compassion and lifetime commitment.

– To wed is a vow to the future. It implies that one has a lifetime obligation to the spouse.

– It gives security that one is ready to remain royal to their spouses and love them.

Marriage is founded on love. One can only wed a person whom he or she loves to such an extent that they cannot live without. Thus, marriage is a commitment of love, compassion, and understanding.

The context of commitment above also reflects that to wed is to commit to making someone happy throughout their lives. The values of love, which include forgiveness, understanding, and faithfulness are made as a guarantee when the couples wed. Thus, the process has an integral meaning to the future of the spouses.

B) Value of the relationship

One may have numerous friends but can only marry one of them. The event of the exchange of marriage vows often takes place publicly. It is a clear show that one values the relationship with their chosen spouses to make them the central part of their lives and declare it to the society.

On the one hand, it creates an obligation to live with the spouse for a lifetime. On the other hand, it indicates that one has a confidential partner, a friend, and a soulmate.

B) Sacrosanct

Religion considers the wedding as a holy engagement. Wedded couples enjoy specific religious privileges. On the one hand, the process of marrying in the religious lens show adherence to religious practices and obligations. There are distinct processes which outline and define marriage in the religious context.

– The Christians often reflect marriage with the rights, exclusive religious rights such as sacraments, and matrimonial unity.

– The Muslim indicates that marriage is a Divine command. Engaging in the practice is adherence to the Divine standards as indicated in the Quran.

C) Oneness

It is often argued that the man and wife become one flesh after marrying. Marrying has far-reaching religious and social connotations.

On the religious aspect, it means that the two become one. It is a symbol of unity of two souls for companionship and procreation. In that context, children are seen as a blessing within a marriage.

All religions claim that God is the founder of marriage. Thus, to wed is to show commitment to the creator. It also means that one makes a vow to live according to the religious values within the scriptures.

D) Social propagation

On the other hand, marriage provides a channel for the propagation of society. Children are only envisaged in the context of a marriage.

In the contexts above, marriage is a platform where the two become spouses, emerge as one, and found a family which propagates their lineage in the society.

A society that does not have children ultimately perishes. Children should be out of the context of a marriage. Thus, marriage is a central element for the perpetuation of society.