Marriage laws refer to the legal requirements which determine the validity of a marriage, which vary considerably between countries. Article 16 of the
Universal Declaration of Human Rights declares that:
Rights and obligations A marriage bestows rights and obligations on the married parties, and sometimes on
relatives as well, being the sole mechanism for the creation of
affinal ties (in-laws). These may include, depending on jurisdiction: • Giving one spouse or his/her family control over the other spouse's sexual services, labor, and property. • Giving one spouse responsibility for the other's debts. • Giving one spouse visitation rights when the other is incarcerated or hospitalized. • Giving one spouse control over the other's affairs when the other is incapacitated. • Establishing the second
legal guardian of a parent's child. • Establishing a
joint fund of property for the benefit of children. • Establishing a relationship between the families of the spouses. These rights and obligations vary considerably between societies, and between groups within society. These might include arranged marriages, family obligations, the legal establishment of a
nuclear family unit, the legal protection of children and public declaration of
commitment.
Property regime In many countries today, each marriage partner has the choice of keeping his or her property
separate or combining properties. In the latter case, called
community property, when the marriage ends by divorce each owns half. In lieu of a
will or
trust, property owned by the deceased generally is inherited by the surviving spouse. In some legal systems, the partners in a marriage are "jointly liable" for the debts of the marriage. This has a basis in a traditional legal notion called the "Doctrine of Necessities" whereby, in a heterosexual marriage, a husband was responsible to provide necessary things for his wife. Where this is the case, one partner may be sued to collect a debt for which they did not expressly contract. Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts to be expenses of the marriage. The cost of defense and the burden of proof is then placed on the non-contracting party to prove that the expense is not a debt of the family. The respective maintenance obligations, both during and eventually after a marriage, are regulated in most
jurisdictions;
alimony is one such method.
Restrictions Marriage is an institution that is historically filled with restrictions. From age, to race, to social status, to
consanguinity, to gender, restrictions are placed on marriage by society for reasons of benefiting the children, passing on healthy genes, maintaining cultural values, or because of
prejudice and
fear. Almost all cultures that recognize marriage also recognize
adultery as a violation of the terms of marriage.
Age Most jurisdictions set a
minimum age for marriage; that is, a person must attain a certain age to be legally allowed to marry. This age may depend on circumstances, for instance exceptions from the general rule may be permitted if the parents of a young person express their consent and/or if a court decides that said marriage is in the best interest of the young person (often this applies in cases where a girl is pregnant). Although most age restrictions are in place in order to prevent children from being forced into marriages, especially to much older partners – marriages which can have negative education and health related consequences, and lead to
child sexual abuse and other forms of violence – such
child marriages remain common in parts of the world. According to the UN, child marriages are most common in rural
sub-Saharan Africa and
South Asia. The ten countries with the highest rates of child marriage are:
Niger (75%), Chad, Central African Republic, Bangladesh, Guinea, Mozambique, Mali, Burkina Faso, South Sudan, and Malawi.
Kinship To prohibit incest and eugenic reasons, marriage laws have set restrictions for relatives to marry. Direct blood relatives are usually prohibited to marry, while for branch line relatives, laws are wary. Kinship relations through marriage is also called "affinity", relationships that arise in one's group of origin, can also be called one's descent group. Some cultures in kinship relationships may be considered to extend out to those who they have economic or political relationships with; or other forms of social connections. Within some cultures they may lead you back to gods or animal ancestors (totems). This can be conceived of on a more or less literal basis.
Race Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691 until 1967, in
Nazi Germany (the
Nuremberg Laws) from 1935 until 1945, and in South Africa during most part of the
apartheid era (1949–1985). All these laws primarily banned marriage between persons of different racially or ethnically defined groups, which was termed "amalgamation" or "miscegenation" in the U.S. The laws in Nazi Germany and many of the U.S. states, as well as South Africa, also banned sexual relations between such individuals. In the United States, laws in some but not all of the states prohibited the marriage of whites and blacks, and in many states also the intermarriage of whites with
Native Americans or
Asians. In the U.S., such laws were known as
anti-miscegenation laws. From 1913 until 1948, 30 out of the then 48 states enforced such laws. Although an "Anti-Miscegenation Amendment" to the
United States Constitution was proposed in 1871, in 1912–1913, and in 1928, no nationwide law against racially mixed marriages was ever enacted. In 1967, the
Supreme Court of the United States unanimously ruled in
Loving v. Virginia that anti-miscegenation laws are
unconstitutional. With this ruling, these laws were no longer in effect in the remaining 16 states that still had them. The Nazi ban on interracial marriage and interracial sex was enacted in September 1935 as part of the
Nuremberg Laws, the
Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre (The Law for the Protection of German Blood and German Honour). The Nuremberg Laws classified
Jews as a race and forbade marriage and extramarital sexual relations at first with people of Jewish descent, but was later ended to the "Gypsies, Negroes or their bastard offspring" and people of "German or related blood". Such relations were marked as
Rassenschande () and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death. In South Africa, the
Prohibition of Mixed Marriages Act, 1949 prohibited marriage between persons of different races, and the
Immorality Act of 1950 made
sexual relations with a person of a different race a
crime.
Sex Same-sex marriage is legally performed and recognized in countries such as
Andorra,
Argentina,
Australia,
Austria,
Belgium,
Brazil,
Canada,
Chile,
Colombia,
Costa Rica,
Cuba,
Denmark,
Ecuador,
Estonia,
Finland,
France,
Germany,
Greece,
Iceland,
Ireland,
Luxembourg,
Malta,
Mexico, the
Netherlands,
New Zealand,
Norway,
Portugal,
Slovenia,
South Africa,
Spain,
Sweden,
Switzerland,
Taiwan, the
United Kingdom, the
United States, and
Uruguay.
Israel recognizes same-sex marriages entered into abroad as full marriages. The introduction of same-sex marriage has varied by jurisdiction, being variously accomplished through legislative change to
marriage law, a court ruling based on constitutional guarantees of equality, or by direct popular vote (via
ballot initiative or
referendum). The recognition of same-sex marriage is considered to be a
human right and a
civil right as well as a political, social, and religious issue. The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious groups. Various faith communities around the world support same-sex marriage, while many religious groups oppose it.
Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing democracies. The establishment of recognition in law for the marriages of same-sex couples is one of the most prominent objectives of the
LGBT rights movement.
Number of spouses Polygyny is widely practiced in mostly
Muslim and African countries. In the Middle Eastern region, Israel, Turkey and
Tunisia are notable exceptions. In most other jurisdictions, polygamy is illegal. For example, In the United States, polygamy is illegal in all
50 states. In the late-19th century, citizens of the self-governing territory of what is present-day
Utah were forced by the United States federal government to abandon the practice of
polygamy through the vigorous enforcement of several
Acts of Congress, and eventually complied.
The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled '
The Manifesto' (see
Latter Day Saint polygamy in the late-19th century). Among
American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship. permit only their Islamic citizens to practice polygamy. Some Indians have converted to
Islam in order to bypass such legal restrictions. Predominantly Christian nations usually do not allow
polygamous unions, with a handful of exceptions being the
Republic of the Congo, Uganda, and
Zambia.
State recognition When a marriage is performed and carried out by a government institution in accordance with the
marriage laws of the jurisdiction, without religious content, it is a
civil marriage. Civil marriage recognizes and creates the rights and obligations intrinsic to matrimony in the eyes of the state. Some countries do not recognize locally performed religious marriage on its own, and require a separate civil marriage for official purposes. Conversely, civil marriage does not exist in some countries governed by a
religious legal system, such as
Saudi Arabia, where marriages contracted abroad might not be recognized if they were contracted contrary to Saudi interpretations of
Islamic religious law. In countries governed by a
mixed secular-religious legal system, such as
Lebanon and
Israel, locally performed civil marriage does not exist within the country, which prevents interfaith and various other marriages that contradict religious laws from being entered into in the country; however, civil marriages performed abroad may be recognized by the state even if they conflict with religious laws. For example, in the case of recognition of
marriage in Israel, this includes recognition of not only interfaith civil marriages performed abroad, but also overseas same-sex civil marriages. In various jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as
same-sex marriages or
civil unions. Churches may have less strict limits than the civil jurisdictions. It is possible for two people to be recognized as married by a religious or other institution, but not by the state, and hence without the legal rights and obligations of marriage; or to have a civil marriage deemed invalid and sinful by a religion. Similarly, a couple may remain married in religious eyes after a civil divorce. Most sovereign states and other jurisdictions limit legally recognized marriage to
opposite-sex couples and a diminishing number of these permit
polygyny marriage,
polyandry marriage,
group marriage,
coverture marriage,
arranged marriages,
forced marriages,
child marriages,
cousin marriages,
sibling marriages,
teenage marriages,
avunculate marriages,
incestuous marriages, and
bestiality marriages. In modern times, a growing number of countries, primarily developed democracies, have lifted bans on, and have established legal recognition for,
equal rights for women and the marriages of
interethnic,
interracial,
interfaith,
interdenominational,
interclass,
intercommunity,
transnational, and
same-sex couples as well as immigrant couples, couples with an immigrant spouse, and other minority couples. In some areas, child marriages and polygamy may occur in spite of national laws against the practice.
Marriage license, civil ceremony, and registration ceremony in
Takayama, Gifu prefecture couple A marriage is usually formalized at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In various European and Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries – such as
Belgium,
Bulgaria,
France, the
Netherlands,
Romania and
Turkey – require that a civil ceremony take place before any religious one. In some countries – notably the
United States,
Canada, the
United Kingdom,
Ireland,
Norway, and
Spain – both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) – the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage ceremony is not recognized as a marriage by government under the law. Some countries, such as Australia, permit marriages to be held in private and at any location; others, including
England and Wales, require that the civil ceremony be conducted in a place open to the public and specially sanctioned by law for the purpose. In England, the place of marriage formerly had to be a church or
register office, but this was extended to any public venue with the necessary licence. An exception can be made in the case of marriage by special emergency license (UK: licence), which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require one of the parties to reside within the jurisdiction of the register office (formerly parish). Each religious authority has rules for the manner in which marriages are to be conducted by their officials and members. Where religious marriages are recognised by the state, the officiator must also conform with the law of the jurisdiction.
Common-law marriage In a small number of jurisdictions marriage relationships may be created by the operation of the law alone.
Civil unions , consider
civil unions an inferior alternative to legal recognition of same-sex marriage. A
civil union, also referred to as a
civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with
Denmark in 1989, civil unions under one name or another have been established by law in several countries in order to provide
same-sex couples rights, benefits, and
responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some
jurisdictions, such as
Brazil,
New Zealand,
Uruguay,
Ecuador,
France and the U.S. states of
Hawaii and
Illinois, civil unions are also open to opposite-sex couples.
Contemporary legal and human rights criticisms of marriage sculpture expressing the criticism of marriages' effects on individual liberty.
Esposas is a play on Spanish, in which the singular form of the word
esposa refers to a spouse, and the plural refers to
handcuffs. People have proposed arguments against marriage for reasons that include political, philosophical and religious criticisms; concerns about the
divorce rate; individual liberty and gender equality; questioning the necessity of having a personal relationship sanctioned by government or religious authorities; or the promotion of
celibacy for religious or philosophical reasons. Research has found that unhappily married couples are at 3–25 times the risk of developing clinical depression.
Power and gender roles Historically, in most cultures, married women had very few rights of their own, being considered, along with the family's children, the property of the
husband; as such, they could not own or inherit property, or represent themselves legally (see, for example,
coverture). Since the late 19th century, in some (primarily
Western) countries, marriage has undergone gradual legal changes, aimed at improving the rights of the wife. These changes included giving wives legal identities of their own, abolishing the right of husbands to physically discipline their wives, giving wives property rights, liberalizing
divorce laws, providing wives with
reproductive rights of their own, and requiring a
wife's consent when sexual relations occur. In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as
dowry and
bride price, forced marriage,
marriageable age, and criminalization of consensual behaviors such as
premarital and
extramarital sex.
Feminist theory approaches opposite-sex marriage as an institution traditionally rooted in
patriarchy that promotes male superiority and power over women. This
power dynamic conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere". "Theoretically, women ... [were] defined as the property of their husbands .... The adultery of a woman was always treated with more severity than that of a man." "[F]eminist demands for a wife's control over her own property were not met [in parts of Britain] until ... [laws were passed in the late 19th century]." Traditional heterosexual marriage imposed an obligation of the wife to be sexually available for her husband and an obligation of the husband to provide material/financial support for the wife. Numerous philosophers, feminists and other academic figures have commented on this throughout history, condemning the hypocrisy of legal and religious authorities in regard to sexual issues; pointing to the lack of choice of a woman in regard to controlling her own sexuality; and drawing parallels between marriage, an institution promoted as sacred, and
prostitution, widely condemned and vilified (though often tolerated as a "
necessary evil").
Mary Wollstonecraft, in the 18th century, described marriage as "legal prostitution".
Bertrand Russell in his book
Marriage and Morals wrote that: "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution."
Angela Carter in
Nights at the Circus wrote: "What is marriage but prostitution to one man instead of many?" Some critics object to what they see as
propaganda in relation to marriage – from the government, religious organizations, the media – which aggressively promote marriage as a solution for all social problems; such propaganda includes, for instance,
marriage promotion in schools, where children, especially
girls, are bombarded with positive information about marriage, being presented only with the information prepared by authorities. The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a heterosexual marriage. In some American households, women internalize gender role stereotypes and often assimilate into the role of "wife", "mother", and "caretaker" in
conformity to societal norms and their male partner. Author
bell hooks states "within the family structure, individuals learn to accept sexist oppression as 'natural' and are primed to support other forms of oppression, including heterosexist domination." "[T]he cultural, economic, political and legal supremacy of the husband" was "[t]raditional ... under English law". This patriarchal dynamic is contrasted with a conception of
egalitarian or
peer marriage in which power and labour are divided equally, and not according to
gender roles. Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships.
Extra-marital sex '' by
Jan Brueghel the Elder,
Pinakothek were institutions that existed from the 18th to the late 20th centuries, throughout Europe and North America, where "fallen women", including
unmarried mothers, were detained. Photo: Magdalene laundry in
Ireland, ca. early 20th century. Different societies demonstrate variable tolerance of extramarital sex. The Standard Cross-Cultural Sample describes the occurrence of extramarital sex by gender in over 50 pre-industrial cultures. The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures. Three studies using nationally representative samples in the United States found that between 10 and 15% of women and 20–25% of men engage in extramarital sex. Many of the world's major religions look with disfavor on
sexual relations outside marriage. In some non-
secular Islamic countries, there are criminal penalties for
sexual intercourse before marriage. Sexual relations by a married person with someone other than his/her spouse is known as
adultery. Adultery is considered in many jurisdictions to be a crime and
grounds for divorce. In some countries, such as Saudi Arabia, Pakistan, Afghanistan, Iran, Maldives, Morocco, Oman, Mauritania, United Arab Emirates, Sudan, Yemen, any form of sexual activity outside marriage is illegal. In some parts of the world, women and girls accused of having sexual relations outside marriage are at risk of becoming victims of
honor killings committed by their families. In 2011 several people were sentenced to death by
stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan. Practices such as honor killings and stoning continue to be supported by mainstream politicians and other officials in some countries. In
Pakistan, after the 2008
Balochistan honour killings in which five women were killed by tribesmen of the
Umrani Tribe of
Balochistan, Pakistani Federal Minister for Postal Services
Israr Ullah Zehri defended the practice.
Sexual violence An issue that is a serious concern regarding marriage and which has been the object of international scrutiny is that of
sexual violence within marriage. Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force (often by a man from a woman), if 'denied'. As the concept of
human rights started to develop in the 20th century, and with the arrival of
second-wave feminism, such views, and laws, have become less widely held. The legal and social concept of marital rape has developed in most industrialized countries in the mid- to late 20th century; in many other parts of the world it is not recognized as a form of abuse, socially or legally. Several countries in
Eastern Europe and
Scandinavia made marital rape illegal before 1970, and other countries in
Western Europe and the English-speaking
Western world outlawed it in the 1980s and 1990s. In
England and Wales, marital rape was made illegal in 1991. Although marital rape is being increasingly criminalized in
developing countries too, cultural, religious, and traditional ideologies about "conjugal rights" remain very strong in many parts of the world; and even where countries may have adequate laws against rape in marriage, these laws may rarely be enforced. Apart from the issue of rape committed against one's spouse, marriage is, in many parts of the world, closely connected with other forms of sexual violence: in some places, like
Morocco, unmarried girls and women who are raped are often forced by their families to marry their rapist. Because being the victim of rape and losing
virginity carry extreme social stigma, and the victims are deemed to have their "reputation" tarnished, a marriage with the rapist is arranged. This is claimed to be in the advantage of both the victim – who does not remain unmarried and does not lose social status – and of the rapist, who avoids punishment. In 2012, after a Moroccan 16-year-old girl committed
suicide after having been forced by her family to marry her rapist and enduring further abuse by the rapist after they married, there have been protests from activists against this practice which is common in Morocco. In some societies, the very high social and religious importance of marital fidelity, especially female fidelity, has as result the criminalization of adultery, often with harsh penalties such as
stoning or
flogging; as well as leniency towards punishment of violence related to infidelity (such as
honor killings). In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition. Opponents of adultery laws argue that these laws are a major contributor to discrimination and violence against women, as they are enforced selectively mostly against women; that they prevent women from reporting
sexual violence; and that they maintain social norms which justify violent crimes committed against women by husbands, families and communities. A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice states that "Adultery as a criminal offence violates women's human rights".
Laws, human rights, and gender status The laws surrounding heterosexual marriage in many countries have come under international scrutiny because they contradict international standards of
human rights; institutionalize
violence against women,
child marriage and
forced marriage; require the permission of a husband for his wife to work in a paid job, sign legal documents, file criminal charges against someone, sue in civil court etc.; sanction the use by husbands of violence to "discipline" their wives; and discriminate against women in divorce. Such things were legal even in many Western countries until recently: for instance, in
France, married women obtained the right to work without their husband's permission in 1965, and in
West Germany women obtained this right in 1977 (by comparison women in
East Germany had many more rights). In
Spain, during Franco's era, a married woman needed her husband's consent, referred to as the
permiso marital, for almost all economic activities, including employment, ownership of property, and even traveling away from home; the
permiso marital was abolished in 1975. An absolute submission of a wife to her husband is accepted as natural in many parts of the world, for instance surveys by UNICEF have shown that the percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, 80% in Central African Republic. Detailed results from Afghanistan show that 78% of women agree with a beating if the wife "goes out without telling him [the husband]" and 76% agree "if she argues with him". Throughout history, and still today in many countries, laws have provided for
extenuating circumstances, partial or complete defenses, for men who killed their wives due to adultery, with such acts often being seen as
crimes of passion and being covered by legal defenses such as
provocation or defense of
family honor.
Right and ability to divorce While international law and conventions recognize the need for consent for entering a marriage – namely that people cannot be forced to get married against their will – the right to obtain a divorce is not recognized; therefore holding a person in a marriage against their will (if such person has consented to entering in it) is not considered a violation of human rights, with the issue of divorce being left at the appreciation of individual states. In the EU, the last country to allow divorce was
Malta,
in 2011. Around the world, the only countries to forbid divorce are
Philippines and
Vatican City, although in practice in many countries which use a
fault-based divorce system obtaining a divorce is very difficult. The ability to divorce, in law and practice, has been and continues to be a controversial issue in many countries, and public discourse involves different ideologies such as feminism,
social conservatism, religious interpretations.
Dowry and bridewealth In recent years, the customs of
dowry and
bride price have received international criticism for inciting conflicts between families and clans; contributing to
violence against women; promoting materialism; increasing property crimes (where men steal goods such as cattle in order to be able to pay the bride price); and making it difficult for poor people to marry. African women's rights campaigners advocate the abolishing of bride price, which they argue is based on the idea that women are a form of property which can be bought. Bride price has also been criticized for contributing to
child trafficking as impoverished parents sell their young daughters to rich older men. A senior Papua New Guinea police officer has called for the abolishing of bride price arguing that it is one of the main reasons for the mistreatment of women in that country. The opposite practice of dowry has been linked to a high level of violence (see
Dowry death) and to crimes such as
extortion.
Children born outside marriage , 1851. A patriarch casts his daughter and her illegitimate baby out of the family home. Historically, and still in many countries, children born outside marriage suffered severe social stigma and discrimination. In England and Wales, such children were known as
bastards and whoresons. There are significant differences between world regions in regard to the social and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated. The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents. The convention states, among others, that: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock." While in most Western countries legal inequalities between children born inside and outside marriage have largely been abolished, this is not the case in some parts of the world. The legal status of an unmarried father differs greatly from country to country. Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish
paternity. In some countries however, unmarried cohabitation of a couple for a specific period of time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia. Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been established (whether he can obtain parental responsibility and whether he can be forced to
support the child) as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some countries, such as
Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child (see
Mamzer, a concept under
Jewish law). In 2010, the
European Court of Human Rights ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children. The steps that an unmarried father must take in order to obtain rights to his child vary by country. In some countries (such as the UK – since 2003 in England and Wales, 2006 in Scotland, and 2002 in Northern Ireland) it is sufficient for the father to be listed on the birth certificate for him to have parental rights; in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken (if the mother agrees, the parents can both sign a "statutory declaration", but if the mother does not agree, the father has to apply to court). Children born outside marriage have become more common, and in some countries, the majority. Recent data from
Latin America showed figures for non-marital childbearing to be 74% for
Colombia, 69% for
Peru, 68% for
Chile, 66% for
Brazil, 58% for
Argentina, and 55% for
Mexico. In 2012, in the
European Union, 40% of births were outside marriage, and in the United States, in 2013, the figure was similar, at 41%. In the
United Kingdom 48% of births were to unmarried women in 2012; in
Ireland the figure was 35%. Some married couples
choose not to have children. Others are unable to have children because of
infertility or other factors preventing
conception or the bearing of children. In some cultures, marriage imposes an
obligation on women to bear children. In northern
Ghana, for example, payment of
bridewealth signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.
Sham marriage Sham marriages are marriages to obtain advantages without a real marital relationship. These marriages had a diverse range of motives, including obtaining
citizenship,
obtaining permanent residency, securing an inheritance that has a marriage clause, or to enroll in health insurance, among many others. Marriages resulting in citizenship or permanent residency were found to have an higher divorce rate. Sham marriages can be punishable criminal offences. ==Religion==