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Created on: January 10, 2010
A marriage license by definition is an issued document that gives the couple permission to marry by the authority of the Church or of the State. Marriage in history for most countries was a contract between two families. In some countries and religions, this is still practiced, but it is exceptionally rare.
The origin of the marriage license began in the United Kingdom. In 1215, the Church placed a requirement for bans of marriage in England and Wales. This meant that a public announcement had to be made, so that if there were any objections to the marriage they would have been brought to attention. Then in the fourteenth century, license to marry were introduced. The main reason why they were brought about was to override various restrictions placed by the marriage bans. For example, marriage bans had to be made three Sundays prior to the date of the wedding. A marriage license enabled the couple to marry quickly instead of having to wait three weeks.
The Hardwicke's Marriage Act was established in 1753. This Act mandated that a marriage was only legal if bans were called in church or if the couple obtained a license. -Though at this time there were a few exceptions. Jews and Quakers could marry without having to go through the same process, and their marriages were still legal and valid.
The Civil Marriage Act of 1836 provided that there were two ways the recording of marriages were to be conducted. The couple could either have a church marriage going through the process of bans or obtaining a marriage license, or the couple could have a civil marriage and give a 'Notice of Marriage' to the civil registrar. This meant that through a civil marriage the couple only had to place a public notice for fifteen days after they were married.
The intent of the marriage license was not used as a tool to record marriages, but rather a way of granting permission to those that wished to marry. In the United States, the process of obtaining a marriage license differed between states. -Though there were general regulations that much be kept such as appropriate marriage age, proper identification, and not be currently married. Each state also had the right to ensure that each marriage was created for the benefit of the 'larger social welfare'. One example of how a marriage would benefit or would not benefit society was by the passing of the required blood tests. The
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