by Trenna Sue Hiler

Created on: July 22, 2009   Last Updated: January 23, 2010

Marriage by proxy is not a new idea. In fact, there are records of marriage by proxy as early as 1490 a.d.

In the beginning it was mainly for the royals only. It was a way to broker royal marriages to unite countries, settle differences and create alliances. In the case of proxy marriage both parties need not be present at the marriage. Someone can stand in for the other party. In rare cases double proxy weddings are performed, where neither party are physically present.

One of the most famous proxy marriages was that of Emperor Napoleon and the marriage to Archduchess Marie Louise of Austria. This was the second marriage for Napoleon and took place 11 March 1810. It is said that Napoleon gave the reason of needing an heir as the primary expectation of the union. He seemed genuinely excited as he went on a diet, learned how to dance the waltz and had pictures portraying his victories over Austria removed from his palaces. The marriage took place in Vienna.  She was not actually present at the wedding.

Early in the 1900's there was an insurgence of proxy weddings known as the Japanese picture brides. They arrived in Angel Island. The bride was sent a picture of the bride-groom. She would then go down and put on the house register the name of the groom and the marriage in Japan was seen as complete. She would change the manner of dress and hair style and live as a married woman until she could meet here groom in Angel Island. The United States required a civil union of some kind be preformed to make the marriage legal.

Currently in the United States there are only four states that allow marriage by proxy. These states are Texas, Montana, Colorado and California. Montana has the strange honor of being the only state in the Union that allows a double proxy procedure. While the marriage can be performed in Montana with neither person present, in the case of divorce one party must be present. The state of Iowa does not recognize a marriage by proxy as legal, even if it was performed in a state where the laws allow it.

In today's society proxy marriages are typically performed by those who are serving in the military and can not come home. Some cases have been granted where people incarcerated in different prisons have been allowed to marry by proxy.

Paraguay has become another place where proxy marriages are becoming more common. Because of the complex marriage laws many Israeli couples are married by proxy in or mail in through the consulate of Paraguay in Tel Aviv. According to Israeli law, the Interior of Ministry then must recognize and register these marriages.

The marriage by proxy have some legal loop holes and generally are very costly. Most advice an attorney be involved in the process.

Sources:
www.about.com
www.allmytutors.com

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