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Journal articles on the topic 'Marriage law Impediments to marriage'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Kovaček-Stanić, Gordana, and Sandra Samardžić. "Marriage in Serbian law and in comparative perspective." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 2 (2020): 545–60. http://dx.doi.org/10.5937/zrpfns54-24802.

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According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

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BENNETT, BRUCE S. "Banister v. Thompson and Afterwards : The Church of England and the Deceased Wife's Sister's Marriage Act." Journal of Ecclesiastical History 49, no. 4 (October 1998): 668–82. http://dx.doi.org/10.1017/s0022046997005629.

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The medieval canon law of affinity as an impediment to marriage combined a large range of prohibited degrees with a wide power of dispensation. After the Reformation, however, English law, in line with mainstream Protestant opinion, prohibited marriages within the degrees mentioned in Leviticus, with no provision for dispensation. The prohibited degrees were set out in ‘Archbishop Parker's Table’ in the Prayer Book, beginning with the memorable declaration that ‘A man may not marry his grandmother’. In the nineteenth century, however, some of these restrictions came to be challenged. The classic case was that of marriage with a deceased wife's sister, and it was under this title that successive bills were introduced to alter the law.Until 1857 the law of marriage was administered by the ecclesiastical courts, according to the canon law. However, the civil courts modified and controlled this canon law by means of the writ of prohibition: canon law was now subordinate to common law, and where the two conflicted the civil courts would over-rule the ecclesiastical courts. Marriage with a deceased wife's sister was illegal, and, as with other impediments to marriage, a case could be brought in the ecclesiastical courts to have such a marriage declared void. A case on these grounds could only be brought during the lifetime of both spouses. Nevertheless, the marriage had theoretically been void ab initio, and even after one spouse had died the survivor could still be proceeded against for incest.

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Bzdyrak, Grzegorz. "ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY." Review of European and Comparative Law 2627, no. 34 (December 31, 2016): 65–87. http://dx.doi.org/10.31743/recl.4979.

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Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable. Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.

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Syed Nadeem Farhat. "Hindu Marriage Law: Need, Impediments and Policy Guidelines." Policy Perspectives 12, no. 2 (2015): 131. http://dx.doi.org/10.13169/polipers.12.2.0131.

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5

Weickhardt, George G. "Canon Law Prohibitions on Marriage to Kin in Rus’ and Muscovy." Canadian-American Slavic Studies 50, no. 2 (2016): 123–41. http://dx.doi.org/10.1163/22102396-05002002.

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Throughout the Kyivan, appanage and Muscovite periods, written Orthodox canon law generally prohibited marriage within the seventh degree of consanguinity. This rule prohibited marriage even between third cousins. This rule, with some notable exceptions, was observed and enforced in Kyivan Rus’ and Muscovy. Prohibition of marriage within the seventh degree went far beyond the Biblical and Justinianic rules, as well as the rules of the early church ecumenical councils, which all allowed marriage between first cousins. The present study will inquire into the origin and purpose of this rule, its reception in Rus’, and its effect on Rus’ and Muscovite society, with particular emphasis on why the church deemed it necessary to extend impediments to marriage far beyond the rules from the Bible, Byzantine civil law and the original canon law from the ecumenical councils.

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6

Leszczyński, Grzegorz. "Brak wiary a wykluczenie godności sakramentalnej małżeństwa." Ius Matrimoniale 30, no. 4 (October 15, 2019): 17–36. http://dx.doi.org/10.21697/im.2019.30.4.02.

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The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in 1101 § 2, Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality through a positive act of the will the marriage itself, some essential elements or an essential property of marriage. The present article is an attempt of looking at the relation existing between the validity of marriage and the exclusion of the sacramental dignity, with the special consideration of the faith of the person.

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Iluk, Jan. "Apistia nie rozrywa małżeństwa. Jan Chryzostom o małżonku (-nce) spoza chrześcijańskiej politei." Vox Patrum 53 (December 15, 2009): 175–89. http://dx.doi.org/10.31743/vp.4463.

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Apart from a few treatises on the life of women in an extra-marital state and some short speeches about the dignity of Christian women, John Chrysostom did not engage in longer discourses about marriage. Chrysostom expressed himself most broadly on this subject in his commentary to „The First Letter to the Corinthians”. This and over a dozen other utterances by Chrysostom which I found in his writings allow us to suppose that his assessment of the value of the union between a believer and a non-believer is dictated by the realism of the epoch and not by pure dogma. Such a tone of teaching resonates with the moods of the Antioch community, which seethed with the luxuriant life of the most varied religious communities. Here, a non-believer was a partner also in marriage, hence the use of the „Pauline privilege” in order to remove such a one from a marriage would expose Christians to the accusation of a lack of tolerance at the very least. Knowing his community very well, John Chrysostom brings to the foreground the principle that a non-believer in a married couple is a problem between the non-believer and the Lord. Civil law does not make an impediment of this (such was the Roman tradition) and Canon law (the synods of the 4th century) should not make such impediments either. „Your partner’s relations with the Lord”, Chrysostom continually reminds us, „should not decide about the continuation or the dissolution of the marital union”. The „defence” of a spouse from outside the Christian politeia is also an opportunity to obtain new members of this community.

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Gunawan, Edi, and Budi Rahmat Hakim. "PELAKSANAAN ITSBAT NIKAH PASCA BERLAKUNYA UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN DI PENGADILAN AGAMA." Syariah Jurnal Hukum dan Pemikiran 18, no. 2 (December 4, 2018): 258. http://dx.doi.org/10.18592/sy.v18i2.2319.

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Abstrak: Itsbat nikah merupakan sebuah proses penetapan pengesahan pernikahan yang telah dilangsungkan berdasarkan syariat Islam, namun tidak dicatat di KUA. Tujuan dari itsbat nikah adalah untuk mendapatkan akta nikah sebagai bukti sahnya perkawinan sesuai dengan peraturan perundang-undangan yang berlaku di Indonesia, sebagaimana diatur dalam pasal 2 ayat (1) dan (2) UU No. 1 Tahun 1974 dan pasal 7 ayat (1), (2), dan (3) Kompilasi Hukum Islam. Prosedur pengajuan itsbat nikah di Pengadilan Agama Manado setelah berlakunya Undang-Undang Nomor 1 Tahun 1974 yaitu, melakukan pendaftaran ke Pengadilan Agama Manado, membayar panjar biaya perkara, menunggu panggilan sidang dari pengadilan, serta menghadiri persidangan dan putusan pengadilan. Ada beberapa yang menjadi alasan pengajuan itsbat nikah di Pengadilan Agama Manado, antara lain; (1) kehilangan akta nikah, (2) pengurusan perceraian, (3) Perkawinan yang dilangsungkan sebelum berlakunya UU No. 1 Tahun 1974, dan (4) perkawinan yang dilakukan oleh mereka yang tidak mempunyai halangan perkawinan menurut Undang-Undang No. 1 Tahun 1974. Perkara itsbat nikah (pengesahan nikah) bisa diajukan secara voluntair (permohonan) dan diajukan secara kontentius (gugatan) ke pengadilan agama. Dasar pertimbangan hakim dalam memberikan penetapan itsbat nikah di Pengadilan Agama Manado diantaranya yaitu: 1) Legal standing (kedudukan hukum) pemohon untuk mengajukan perkara itsbat nikah di pengadilan agama berdasarkan ketentuan pasal 7 ayat (4) KHI, 2) Posita (fakta kejadian dan fakta hukum), 3) Keterangan saksi dan bukti di persidangan, serta 4) Alasan-alasan mengajukan itsbat nikah. Kata Kunci: Perkawinan, Itsbat Nikah, Voluntair, Pengadilan Agama Abstract: Itsbat of marriage is an endorsement of the assignment process, which has been held on the basis of Islamic jurisprudence, but not recorded at KUA. The goal of itsbat is to get a marriage license deed as evidence of legitimate marriage in accordance with the legislation in force in Indonesia, as provided for in article 2 paragraph (1) and (2) of law No. 1 of the year 1974 and article 7 paragraph (1), (2) and (3) Compilation Of Islamic Law. Itsbat procedure for making marriage a religious Court in Manado, after the enactment of law number 1 year of 1974, namely, registration to court Religious bias, pay fees, waiting for the call from the Court of session, as well as attend the trial and the verdict of the Court. There are some who became the reason of filing itsbat of marriage in a religious Court in Manado, among others; (1) the lost deed, (2) management, (3) the marriage took place before the enactment of law No. 1 year 1974, and (4) a marriage conducted by those who have no impediments to marriage according to the law No. 1 year 1974. Itsbat matter of marriage (endorsement of marriage) may be filed in voluntair (the petition) and filed in kontentius (the suit) to the Court. Basic consideration of judges in giving the setting of itsbat marriage in a religious Court in Manado of which namely: 1) Legal standing (legal position) the applicant to litigate itsbat marriage in a religious court based on the provisions of article 7 paragraph (4) KHI, 2) Posita (facts and legal facts of the incident), 3) witnesses and evidence in the trial, as well as 4) the reasons for filing the itsbat marriage.

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Cvejic-Jancic, Olga. "Law on marriage in Vojvodina in the period between two world wars." Zbornik Matice srpske za drustvene nauke, no. 125 (2008): 33–52. http://dx.doi.org/10.2298/zmsdn0825033c.

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The conditions for marriage under the prewar law in Vojvodina were numerous and more complex than in our contemporary law. In the prevailing part of Vojvodina in that time there was in effect the Hungarian Family Law Act from 1894 by which civil marriage was introduced and religious differences were abolished as a marriage impediment. Religious form of marriage was still in effect in Srem and in those parts of Vojvodina which were before unification under Austrian jurisdiction (Military Border). Cohabitation was not recognized and had no family law effects. Legal status of the children born out of wedlock was much worse than the legal status of the children born in wedlock. Discrimination on the ground of sex was a rule, not only in the law of Vojvodina, but also in other parts of The Kingdom of Yugoslavia. For example, women could get married only with the dispensation of the minister of justice, at the age of 16, while men could get married at 18. Woman was subordinate to her husband and could legally represent only her children born out of wedlock. She could exceptionally be the legal representative of her children born in wedlock.

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Ofm, Aidan McGrath. "A Question of Interpretation: The Roman Rota and the Theology of Marriage." Ecclesiastical Law Journal 8, no. 39 (July 2006): 425–37. http://dx.doi.org/10.1017/s0956618x00006712.

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Judges need guidance if they are to apply the law in particular circumstances with an even hand. For Roman Catholics, Canon 19 of the 1983 Code of Canon Law provides this guidance by reference to the practice of the Roman Curia and by the constant opinion of learned authors. Useful as these supplementary sources are, they mean that judges have to trust that those responsible for making decisions in the Roman Curia and the learned authors have drawn their conclusions on a sound basis. This study considers what happened when a specific document was misunderstood in the Roman Catholic Church for almost four hundred years. The document, a letter from Pope Sixtus V to his Nuncio in Spain in 1587, responded to a specific query concerning the capacity for marriage of men who had been castrated. The interpretation of the letter defined the Roman Catholic Church's concept of marriage in general and its understanding of the impediment of impotence for four centuries. In the twentieth century, several Roman Catholic judges and canonists refused to take at face value the conclusions offered by other judges and learned authors, and decided to carry out their own analysis of the document in question. This resulted in a complete reversal of the way in which marriage cases were considered by the Apostolic Tribunal of the Roman Rota, and contributed to the emergence of a much richer and more integrated theology of marriage.

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Shamsu, Lilly Suzana, and Jihad Soleh Muhammad Mhanna. "أحكام الرضاع المحرم في الفقه الإسلامي: دراسة فقهية حديثية." ‘Abqari Journal 23, no. 1 (October 1, 2020): 332–57. http://dx.doi.org/10.33102/abqari.vol23no1.266.

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تهدف هذه الدارسة إلى محاولة تسليط الضوء على أحكام الرضاع المحرم في الفقه الإسلامي، لجهل الكثير من المسلمين أحكامه، فينشأ بسببه المشاكل الاجتماعية من فسخ النكاح، وانتهاك الأعراض، متبعاً ومستعينًا بالمنهج الاستقرائي التحليلي، حيث تطرقت الدراسة إلى بعض المفاهيم المتعلقة بأحكام الرضاع المحرم، بالإضافة إلى بعض الأحكام المتعلقة بالرضاع كالسن والمقدار، وقد خلص البحث إلى أن إرضاع المرأة طفلاً بالشروط المعتبرة شرعًا كان ولدها في تحريم النكاح، وللرضاع حكمتين من التحريم به فالأولى: أخلاقية والثانية: علمية. This study aims to shed light on Islamic ruling on kinship by milk (al-Ridha‘a) as well as to educate Muslims on its implication. It is very important to adhere the Islamic Law on this matter as unawareness may lead to social problems, impediment to marriage or separation of husband and wife. This study is conducted by using inductive approach that will analyze the textual content in any related documents. This study presents some concepts related to Islamic ruling on forbidden marriage due kinship by milk, the duration of breastfeeding and the amount or number of milk that to be breast fed. The study conclude that when a woman breast feeds a child (not her own) the child becomes her close relative (Mahram) provided the breastfeeding has fulfilled all the concerned Shari‘ah Law. Furthermore, the study also stated that there are moral and scientific wisdom behind the Islamic Law on this matter. On the issue pertaining the establishment of Milk Bank, the study found that is permissible for babies to consume the milk processed by the Milk Bank. Anyhow, it must fulfill all conditions that has been set by the authority.

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Caparros, Ernest. "La « civilizatio » du droit canonique: une problématique du droit québécois." Les Cahiers de droit 18, no. 4 (April 12, 2005): 711–31. http://dx.doi.org/10.7202/042191ar.

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Civilizatio means for the author the phenomenon of integration in the State Law of some rules of Canon Law, by opposition to the notion of Canonizatio, put out forward by V. del Giudice, illustrating the opposite operation, viz. the integration into Canon Law of rules of the State Law. The author illustrated this phenomenon of Civilizatio in the Civil Law of Québec, and more specificaly in relation to article 127 of the Québec Civil Code. The Despatie Case is taken as the dividing point of the article. In the first part (The Apogee of Civilizatio) the author underlines the extensive interpretation of article 127 that allows the courts to accept the religious impediments of marriage. This civilizatio, until 1921 went further; the Québec courts limited themselves to ratifying the decisions of the ecclesiastical tribunals. However, this civilizatio of the jurisprudence found a few opponents among the judges. The second part (The Decline of civilizatio) is dedicated to the study of the DespatieCase and its effect on Québec jurisprudence. This decision of the Privy Council has not been followed unanimously by the Québec courts. The author points out how some courts have followed the precedent reluctantly, while others have set the precedent aside explicitly or implicitly, for different reasons, one of those reasons being that the interpretation given by the Privy Council to article 127, reducing it to a mere matter of conscience, made it empty of any juridical sense. Nevertheless, in 1972 the Québec Court of Appeal laconically confirmed the decision of the Privy Council. This article, at the same time, explicitly illustrates the phenomenon of civilizatio, and implicitly illustrates the practice of certain jurisdictions which empowers the courts not only to interpret a legal provision, but also to alter its meaning.

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Castellanos Ruiz, María José. "Denegación de la nacionalidad española por poligamia: análisis jurisprudencial = Denial of the access to the Spanish nationality by poligamy: case-law analysis." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (March 8, 2018): 94. http://dx.doi.org/10.20318/cdt.2018.4118.

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Resumen: La Sentencia de la Audiencia Nacional (Sala de lo Contencioso-Administrativo) de 11 de septiembre de 2017 deniega la adquisición de la nacionalidad española a un ciudadano de la República de Guinea por polígamo, al no cumplir con el requisito del “suficientemente grado de integración en la sociedad española” (art. 22.3 CC), dando la razón así a la DGRN. Se analiza la jurisprudencia existente tratando de definir este concepto jurídico indeterminado, aunque también se ha dotado de contenido al mismo mediante algunas normas. De dicho análisis, se concluye que aunque la poligamia resulte válida conforme a la Ley nacional del sujeto (art. 9.1 CC), constituye una realidad contraria a los principios fundamentales del Derecho matrimonial español. Así que la ley extranjera que permite que una persona afectada por impedimento de ligamen (art. 46.2º CC) pueda casarse con otra persona, atenta contra el orden público internacional español (art. 12.3 CC). Sin embargo, los tribunales consideran que deben analizarse las circunstancias de cada caso, para comprobar que efectivamente el sujeto extranjero ejerce la poligamia de forma efectiva, y si no es así, se le debe otorgar la nacionalidad española, en contra de la opinión de la DGRN, que deniega la nacionalidad española porque en la certificación extranjera de matrimonio el sujeto opta por la poligamia, sin tener en cuenta si la ha ejercido realmente. En cualquier caso, se estudian también los efectos jurídicos de los matrimonios poligámicos en España, cuando el sujeto polígamo adquiere la nacionalidad española mediante fraude o engaño.Palabras clave: Nacionalidad española, poligamia, grado suficiente de integración en la sociedad española, orden público internacional.Abstract: The Judgment of the Audiencia Nacional Court (Sala de lo Contencioso-administrativo) of September 11, 2017 denies the acquisition of the Spanish nacionality to a citizen of the Republic of Guinea legally married to several women in his country of origin, due to the lack of “sufficient degree of integration in the Spanish society” (Art. 22.3 CC), confirming the statement of the DGRN (administrative Spanish authorities). In the existing jurisprudence this indeterminate legal concept is defined, although some rules do regulate it as well. From this analysis, we conclude that although polygamy is valid according to the national law of the foreign individual (Art. 9.1 CC), it constitutes a reality against the fundamental principles of Spanish marital law. So the foreign law that allows a person affected by hindrance to marriage (Art. 46.2 º CC) can get married with another person, violates the Spanish public policy rule (Art. 12.3 CC). However, the courts consider that the circumstances of each case should be analyzed to verify that the foreign individual effectively exercises polygamy, and if not, he should access to the Spanish nationality, in opposition to the DGRN opinion, which denies the access to the Spanish nationality because the applicant chooses polygamy in the foreign marriage certificate, although he has not really exercised it. In any case, the legal effects of polygamous marriages in Spain are also studied, when the polygamous applicant acquires the Spanish nationality through fraud or deception.Keywords: Spanish nacionality, poligamy, sufficient level of integration in the Spanish society, public policy rule.

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Klaas R. Veenhof. "On Old Assyrian Marriage and Marriage Law." Zeitschrift für Altorientalische und Biblische Rechtsgeschichte / Journal for Ancient Near Eastern and Biblical Law 24 (2018): 7. http://dx.doi.org/10.13173/zeitaltobiblrech.24.2018.0007.

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Lucas, Peter. "Common Law Marriage." Cambridge Law Journal 49, no. 1 (March 1990): 117–34. http://dx.doi.org/10.1017/s0008197300106920.

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The expression “common law marriage” has layers of paradox. It now denotes, as Mr. J. C. Hall pointed out in a recent article in this Journal, a relationship whose characteristic is precisely that it is extra-marital. Previously, for many centuries, the validity of such a marriage was a matter not for the common but the canon law and so, before the Reformation, for the canon law of Rome, the ius commune, Maitland's “wonderful system” administered by the courts Christian and directly applicable throughout western Christendom. The story of the common law marriage in England, Scotland and Ireland offers glimpses of great historical processes and-provides a wider context in which to consider the question raised by Mr Hall as to the survival, or revival, of the common law marriage in England.

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Hall, J. C. "Common Law Marriage." Cambridge Law Journal 46, no. 1 (March 1987): 106–21. http://dx.doi.org/10.1017/s0008197300113637.

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To re-open problems of the past and to rake up arguments long since laid to rest may seem a singularly pointless exercise for a family lawyer of the late twentieth century. Yet the controversy which raged in the 1840s over the requirements for common law marriage was never satisfactorily resolved; and even today the question could still arise and an authoritative answer be required.

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Kubinjec, Janko. "Marriage." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 59–73. http://dx.doi.org/10.5937/gakv0602059k.

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Marriage is the only legal concept related to persons regulated by the civil law, since the civil law deals primarily with objects. Historically, marriage developed from the most personal type of slavery to marriage understood as freedom. By entering into the marital agreement the spouses abolish their own legal entity and all legal relations based on marriage as such. Spouses' legal entity will be reestablished at the time of termination of marriage. At the time of entering into marriage the spouses eliminate the possibility of internal legal relationship, while on the other hand, the new, specific legal relationship will be established when their children are born. The property relations are considered as a transition from marital to civil law.

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Ortiz, Daniel R. "Making Marriage." Virginia Law Review 81, no. 8 (November 1995): 2157. http://dx.doi.org/10.2307/1073575.

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Curtis, John M., and Valerie M. Susman. "Factors Related to Fear of Marriage." Psychological Reports 74, no. 3 (June 1994): 859–63. http://dx.doi.org/10.2466/pr0.1994.74.3.859.

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The present paper identified elements which seem to influence fear of marriage or certain avoidant patterns associated with marital commitment. Because census bureau data suggest that increasing numbers of individuals have either delayed marital commitment or avoided it entirely, further research has become necessary to ascertain possible influences. Although the literature suggests men have traditionally had more problems making marital commitments, more women are also avoiding marriage. Some related factors were fears about loss of identity, control, or finances and about accepting adult responsibility. Careful attention to such fears might help clinicians focus more consistently on previously unlabeled impediments to marital commitment.

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Brake, Elizabeth. "Minimal Marriage: What Political Liberalism Implies for Marriage Law." Ethics 120, no. 2 (January 2010): 302–37. http://dx.doi.org/10.1086/651429.

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Metz, Tamara. "Elizabeth Brake, "Minimizing Marriage: Marriage, Morality, and the Law"." Social Theory and Practice 40, no. 1 (2014): 153–59. http://dx.doi.org/10.5840/soctheorpract20144018.

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McKeever, Natasha. "Elizabeth Brake: Minimizing Marriage: Marriage, Morality and the Law." Res Publica 19, no. 3 (November 22, 2012): 285–89. http://dx.doi.org/10.1007/s11158-012-9210-6.

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Ahern, Susan W., B. J. Sokol, and Mary Sokol. "Shakespeare, Law and Marriage." Sixteenth Century Journal 36, no. 2 (July 1, 2005): 506. http://dx.doi.org/10.2307/20477391.

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VERSTRAETEN, Johan. "Marriage and the Law." INTAMS review 6, no. 1 (January 1, 2000): 63–68. http://dx.doi.org/10.2143/int.6.1.2004604.

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McQuillan, Deanna Boyd, and Carrie Elizabeth Foote. "Law School and Marriage." Marriage & Family Review 42, no. 4 (January 14, 2008): 7–34. http://dx.doi.org/10.1300/j002v42n04_02.

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McGowan, Deirdre. "Governed by marriage law." Social & Legal Studies 25, no. 3 (November 19, 2015): 311–31. http://dx.doi.org/10.1177/0964663915614110.

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Davis, Peggy Cooper, and Carol Gilligan. "Reconstructing Law and Marriage." Good Society 11, no. 3 (2002): 57–67. http://dx.doi.org/10.1353/gso.2003.0002.

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Cahn, Naomi, and Milton C. Regan. "Looking at Marriage." Michigan Law Review 98, no. 6 (May 2000): 1766. http://dx.doi.org/10.2307/1290263.

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Estin, Ann Laquer, and Nancy F. Cott. "Marriage and Belonging." Michigan Law Review 100, no. 6 (May 2002): 1690. http://dx.doi.org/10.2307/1290463.

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30

Frantz, Carolyn J., and Hanoch Dagan. "Properties of Marriage." Columbia Law Review 104, no. 1 (January 2004): 75. http://dx.doi.org/10.2307/4099349.

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31

Kerridge, Roger. "Taxation and Marriage." Cambridge Law Journal 47, no. 1 (March 1988): 77–100. http://dx.doi.org/10.1017/s0008197300133732.

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Almost everyone seems to agree that the system under which married people are now taxed in the United Kingdom is in need of fundamental restructuring. But there is less than total agreement on the form which such restructuring should take.

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32

Brinig, Margaret F., and Steven M. Crafton. "Marriage and Opportunism." Journal of Legal Studies 23, no. 2 (June 1994): 869–94. http://dx.doi.org/10.1086/467948.

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Gangoli, Geetanjali, and Melanie McCarry. "Criminalising forced marriage." Criminal Justice Matters 74, no. 1 (December 2008): 44–46. http://dx.doi.org/10.1080/09627250802476874.

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34

Cynkier, Przemysław. "Psychological impediments to marriage - forensic and psychiatric opinions. Part II." Psychiatria Polska 54, no. 1 (February 29, 2020): 163–75. http://dx.doi.org/10.12740/pp/onlinefirst/89924.

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Cynkier, Przemysław. "Psychological impediments to marriage – forensic and psychiatric opinions. Part I." Psychiatria Polska 54, no. 1 (February 29, 2020): 153–62. http://dx.doi.org/10.12740/pp/onlinefirst/89996.

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36

Brumbaugh, Stacey M., Laura A. Sanchez, Steven L. Nock, and James D. Wright. "Attitudes Toward Gay Marriage in States Undergoing Marriage Law Transformation." Journal of Marriage and Family 70, no. 2 (May 2008): 345–59. http://dx.doi.org/10.1111/j.1741-3737.2008.00486.x.

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37

Wang, Chunbei, and Le Wang. "Knot yet: minimum marriage age law, marriage delay, and earnings." Journal of Population Economics 30, no. 3 (January 26, 2017): 771–804. http://dx.doi.org/10.1007/s00148-017-0632-5.

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38

Leong, W. "Formation of marriage in England and Singapore by contract: void marriage and non-marriage." International Journal of Law, Policy and the Family 14, no. 3 (December 1, 2000): 256–80. http://dx.doi.org/10.1093/lawfam/14.3.256.

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39

Jennings, A. Marlene, Connie Salts, and Thomas A. Smith. "Attitudes Toward Marriage." Journal of Divorce & Remarriage 17, no. 1-2 (March 18, 1992): 67–80. http://dx.doi.org/10.1300/j087v17n01_05.

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40

Dreman, Solly, and Roy Aldor. "Work or Marriage?" Journal of Divorce & Remarriage 22, no. 1-2 (August 29, 1994): 3–22. http://dx.doi.org/10.1300/j087v22n01_02.

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Bouchard, Geneviéve. "Cohabitation versus Marriage." Journal of Divorce & Remarriage 46, no. 1-2 (August 31, 2006): 107–17. http://dx.doi.org/10.1300/j087v46n01_06.

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42

Stark, Barbara. "Marriage Proposals: From One-Size-Fits-All to Postmodern Marriage Law." California Law Review 89, no. 5 (October 2001): 1479. http://dx.doi.org/10.2307/3481162.

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Sharma, Indira, KarriRama Reddy, and RabindraMukund Kamath. "Marriage, mental illness and law." Indian Journal of Psychiatry 57, no. 6 (2015): 339. http://dx.doi.org/10.4103/0019-5545.161502.

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Lettmaier, Saskia. "Marriage Law and the Reformation." Law and History Review 35, no. 2 (March 6, 2017): 461–510. http://dx.doi.org/10.1017/s0738248017000104.

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If a German couple wanted to get married today, they would have to consult the German Civil Code, theBürgerliches Gesetzbuchor BGB, for information on how to do so. From the BGB, they would learn that—provided that they are competent, more than 18 years of age, not related in a direct line or (half-) siblings, and not currently married—they can get married before theStandesbeamteror civil registrar. They would also learn that should they want a divorce in the future, any proceedings would have to be brought in the family court, which is a special division within the German civil courts of first instance, and that the judge hearing their case would be required to consider whether their marriage has “failed”: a state of affairs that that judge would be legally compelled to presume if one or both of them wanted the divorce (and they had lived apart for a prescribed number of years).

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Agarwal, Ritu. "Marriage Law in China Revised." China Report 38, no. 3 (August 2002): 407–13. http://dx.doi.org/10.1177/000944550203800307.

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Hunter, Nan D. "The New Law of Marriage." Good Society 14, no. 1 (2005): 11–14. http://dx.doi.org/10.1353/gso.2005.0031.

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47

Honan, P. "Review: Shakespeare, Law, and Marriage." Notes and Queries 51, no. 4 (December 1, 2004): 439–40. http://dx.doi.org/10.1093/nq/51.4.439.

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Honan, Park. "Review: Shakespeare, Law, and Marriage." Notes and Queries 51, no. 4 (December 1, 2004): 439–40. http://dx.doi.org/10.1093/nq/510439.

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Finlay, H. A. "MARRIAGE CONCILIATION UNDER AUSTRALIAN LAW." Family Court Review 7, no. 1 (March 15, 2005): 8–15. http://dx.doi.org/10.1111/j.174-1617.1969.tb00677.x.

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50

Wilson, Luke (Luke Andrew). "Shakespeare, Law, and Marriage (review)." Shakespeare Quarterly 57, no. 4 (2006): 484–87. http://dx.doi.org/10.1353/shq.2006.0098.

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