Gender-Neutral Marriage and Mar- Riage Ceremonies

Total Page:16

File Type:pdf, Size:1020Kb

Gender-Neutral Marriage and Mar- Riage Ceremonies Gender-neutral FACT SHEET marriage and mar- Ministry of Justice riage ceremonies Ju 09.01e · May 2009 As of 1 May 2009, new rules concerning marriage Converting a registered partnership and marriage ceremonies will apply. A person’s sex no into marriage longer has any bearing on the possibility of entering into marriage. The Marriage Code and other statutes A partnership registered under the Registered Part- involving spouses have been made gender-neutral nership Act will apply as a marriage if the parties and the Registered Partnership Act (1994:1117) has jointly apply for this to the Swedish Tax Agency. A been repealed. The new legislation is described briefly partnership will apply as a marriage as of the date on below. which the Swedish Tax Agency receives the applica- tion. Instead of an application, the couple can choose to be married under Chapter 4 of the Marriage Code. Amendments to the Marriage Code No examination of impediments to marriage are Same-sex couples can enter into marriage on the required before a marriage under this special proce- same terms as couples of different sexes. The provi- dure. A partnership applies as a marriage as of the sions of the Marriage Code are applied in the same date of the marriage ceremony. manner, regardless of whether the spouses are of dif- The possibility of conversion is not limited in ferent sexes or the same sex. time. Examination of impediments to marriage Marriage ceremonies Before a marriage is entered into, an examination must be made of impediments to marriage. This Marriage can be entered into either through a civil examination is made by the Swedish Tax Agency. The marriage ceremony or through a ceremony in a religi- couple intending to enter into marriage must submit ous community. a joint application to the Swedish Tax Agency for an Civil marriage ceremonies examination of impediments to marriage. Civil marriage ceremonies are conducted by a special An examination of impediments to partnership officiant, appointed by the county administrative made before 1 May 2009 under the Registered Part- board. An appointment as a wedding officiant is to nership Act applies after that date as an examination be effective for a certain period, if it has not been of impediments to marriage. limited to applying on a specific date. A decision by a county administrative board not to appoint someone The possibility of registering part- as a wedding officiant cannot be appealed. nership has been abolished, but the Legally qualified judges at district or city courts are concept remains no longer tasked with officiating at weddings. The Registered Partnership Act ceases to apply at the At civil marriage ceremonies, the wedding officiant end of April 2009. This means that it is not possible usually says the following words to the couple: to register a new partnership. A partnership that You have declared that you wish to enter into marriage is already registered will, however, continue to be a with each other. Do you N.N. take this woman/man N.N. partnership until the partnership is terminated or to be your wife/husband? converted into a marriage (see below on the possibili- (Answer: I do.) ty of a registered partnership applying as a marriage). Do you N.N. take this woman/man N.N. to be your wife/ husband? (Answer: I do.) I now declare you lawfully married. If the couple particularly requests it, the wedding of- within a year of entry into force are also authorised ficiant may say the following words to them instead: to officiate at weddings until the end of April 2010 You wish to enter into marriage with each other. Marria- without special appointment. ge is based on love and trust. By entering into marriage, A marriage ceremony is conducted according to you promise to respect and support each other. the marriage procedure applying in the religious As spouses, you are two independent individuals who community. can gain strength from your union. A religious community or authorised wedding Since you have declared that you wish to enter into mar- officiant within a religious community are not under riage with each other, I ask you: Do you N.N. take this any obligation to officiate at a marriage ceremony. woman/man N.N. to be your wife/husband, and to love This may mean that a marriage ceremony that a her/him for better and for worse? couple would like to have in a specific religious (Answer: I do.) community cannot be held there, even if the couple Do you N.N. take this woman/man N.N. to be your fulfil the requirements of the Marriage Code. This wife/husband, and to love her/him for better and for may involve situations in which the religious beliefs worse? of the religious community or the wedding officiant (Answer: I do.) prevent a marriage because the parties do not prac- (The couple can exchange rings.) tice the same religion or because one of the parties is I now declare you lawfully married. divorced. When you now go out into your lives and return to your daily routines, remember your will for this union, your love for each other and the respect for each other that you Further information have felt at this moment and that has brought you here. Further information on the background to the new (Text written by Per Anders Fogelström.) regulations can be found in the Government Bill Äk- I wish you happiness and prosperity in your marriage. tenskapsfrågor (Marriage issues) 2008/09:80 at www. regeringen.se and in the Parliamentary Committee Marriage ceremonies in religious communities on Civil Affairs Report 2008/09:CU19 atwww.riks - Marriage ceremonies may only be conducted in dagen.se (In Swedish only). religious communities that are authorised to conduct Read more about marriage and marriage ceremo- these ceremonies and by clergy or other officials in nies on the Government website: www.regeringen. the religious community who have been appointed se/aktenskap (In Swedish only). by the Legal, Financial and Administrative Services Read more about civil marriage officiants on the Agency to be a wedding officiant. From 1 May 2009, County Administrative Boards’ website: www.lans- the requirement for authorisation to officiate at styrelsen.se (In Swedish only). marriage ceremonies also applies to the Church of Read more about examinations of impediments to Sweden. As for other religious communities, every marriage, applications for conversion of partnership Church of Sweden wedding officiant must be speci- and marriage ceremonies abroad on the Swedish Tax ally appointed by the Legal, Financial and Adminis- Agency’s website: www.skatteverket.se. (In Swedish trative Services Agency. A member of the Church of only) . Sweden’s clergy who was legally authorised to con- For information about the possibility of getting duct marriage ceremonies at the end of April 2009 married in a religious community, see, for example, will retain this authorisation until the end of April www.svenskakyrkan.se (In Swedish only). 2010. Members of the clergy who have been ordained Additional copies of the fact sheet can be ordered from the Swedish Ministry of Justice, tel. +46 8-405 10 00, fax +46 8-20 27 34 or Ministry of Justice [email protected]. Sweden The Government's website: www.sweden.gov.se SE-103 33 Stockholm, Sweden Fact sheet produced by the Ministry of Justice. Printed by Grafisk Service, Stockholm, Sweden, Phone switchboard +46 8 405 10 00 May 2009. Article no. Ju 09.01e..
Recommended publications
  • Section I: the Marriage Preparation Process
    Section I: The Marriage Preparation Process STAGE ONE: INTRODUCTIONS AND ORIENTATIONS Marriage Preparation: A Commitment Of Time.................................................................................. 8 Why Take The Time And Make The Effort? A Couple’s First Contact With The Parish ........................................................................................... 9 The Importance Of A Welcoming Atmosphere Initial Meeting(s) With The Couple ..................................................................................................... 10 A Time For Evangelization And Discernment Addressing A Couple’s Experience And Needs ................................................................................... 11 Benefits Of A Premarital Inventory The Engagement Blessing.................................................................................................................... 12 A New Opportunity For Families And Parish STAGE TWO: MARRIAGE CATECHESIS AND FORMATION Participation In A Shared Preparation Process ................................................................................. 13 Facilitating Attendance At Marriage Preparation Programs The Marriage Preparation Program ................................................................................................... 14 A Church Community Sharing Its Faith, Wisdom And Love STAGE THREE: PASTORAL SESSIONS, WEDDING LITURGY AND BEYOND Affirmation Of The Couple’s Readiness For Marriage .....................................................................
    [Show full text]
  • Marriage Laws Around the World
    1 PEW RESEARCH CENTER Marriage Laws around the World COUNTRY CODED TEXT Source Additional sources Despite a law setting the legal minimum age for marriage at 16 (15 with the consent of a parent or guardian and the court) for girls and 18 for boys, international and local observers continued to report widespread early marriage. The media reported a 2014 survey by the Ministry of Public Health that sampled 24,032 households in all 34 provinces showed 53 percent of all women ages 25-49 married by age 18 and 21 percent by age 15. According to the Central Statistics Organization of Afghanistan, 17.3 percent of girls ages 15 to 19 and 66.2 percent of girls ages 20 to 24 were married. During the EVAW law debate, conservative politicians publicly stated it was un-Islamic to ban the marriage of girls younger than 16. Under the EVAW law, those who arrange forced or underage marriages may be sentenced to imprisonment for not less than two years, but implementation of the law remained limited. The Law on Marriage states marriage of a minor may be conducted with a guardian’s consent. By law a marriage contract requires verification that the bride is 16 years of age, but only a small fraction of the population had birth certificates. Following custom, some poor families pledged their daughters to marry in exchange for “bride money,” although the practice is illegal. According to local NGOs, some girls as young as six or seven were promised in marriage, with the understanding the actual marriage would be delayed until the child [Source: Department of reached puberty.
    [Show full text]
  • Civil Marriage in Lebanon
    Empowering Women or Dislodging Sectarianism?: Civil Marriage in Lebanon Sherifa Zuhurt In this article, I reflect on the proposed Lebanese civil marriage law, which initiated a political crisis in Lebanon in March of 1998 and was followed by an indefinite shelving of that proposed law. Many Westerners assume that women in today's Middle East passively submit to extreme male chauvinism and glaring legal inequalities. In fact, Middle Eastern women have been actively engaged in a quest for empowerment and equity through legal, educational, political, and workplace reforms for many decades, and through publication of their writings in some countries for over a century. Although women's rights were at stake in the proposed law, it is curious that many failed to perceive the connection between legal reform and women's empowerment. Those who understand this linkage only too well are the most frequent opponents of such legal reform, arguing that it will destroy the very fabric of society and its existing religious and social divisions. First, I will provide some information on the history of sectarianism (known as ta'ifzyya in Arabic) in Lebanon. The drama surrounding the proposed bill's debut will be followed by information on women's politically and socially transitional status in the country. I relate women's status to their inability to lobby effectively for such a reform. I will allude to similar or related regional reforms in the area of personal status in order to challenge the idea of Lebanon's exceptionalism. I then explore the politicized nature of the t Sherifa Zuhur holds a Ph.D.
    [Show full text]
  • Minimum Legal Age at Which Marriage Can Take Place with and Without Parental Consent"
    Table 23 - Demographic Yearbook 2012 Table 23 presents the marriages cross-classified by age of groom and age of bride for the latest available year between 2003 and 2012. Description of variables: Marriage is defined as the act, ceremony or process by which the legal relationship of husband and wife is constituted. The legality of the union may be established by civil, religious or other means as recognized by the laws of each country1. Marriage statistics in this table, therefore, include both first marriages and remarriages after divorce, widowhood or annulment. They do not, unless otherwise noted, include resumption of marriage ties after legal separation. These statistics refer to the number of marriages performed, and not to the number of persons marrying. Age is defined as age at last birthday, that is, the difference between the date of birth and the date of the occurrence of the event, expressed in completed solar years. The age classification used for brides in this table is the following: under 15 years, 5-year age groups through 90-94, and 95 years and over, depending on the availability of data. Age classification for grooms is restricted to: under 15 years, 5-year age groups from 15 to 59, and 60 years and over. In an effort to provide interpretation of these statistics, countries or areas providing data on marriages by age of groom and bride have been requested to specify "the minimum legal age at which marriage can take place with and without parental consent". This information is presented in the table 23-1 below.
    [Show full text]
  • February 2016 Getting Married Engagements
    February 2016 Volume 43 Issue 2 ISSN 0790 4290 Relate Contents The journal of developments in social services policy and legislation in Ireland Page No. 1. Engagements Getting married 2.e Pr nuptial agreements This issue of Relate provides an overview of things you may need to know if you are planning to get married including notification requirements types of legal 2. Legal prerequisites ceremony and registration of the marriage. for marriage 4. Notification requirements Engagements for marriage At one time getting engaged to marry was considered a legally binding contract 5. Different legal ways of and if the engagement was broken without lawful justification the person getting married responsible could be sued for damages for breach of promise. The Family Law Act 1981 abolished legal action for breach of promise but it allows for legal action 6. Registration of marriage where there is a dispute over property or finances between a couple following a 7. Getting married abroad broken engagement or involving a third party. Gifts between an engaged couple When two people who are engaged give gifts including an engagement ring to each other there is a presumption that they are given on the condition that the gifts will be returned if requested should the engagement end. If one of the engaged couple dies however it is presumed the gifts the deceased gave were given without any conditions. It is possible to contest either of these presumptions in court if there is evidence to the contrary. These presumptions only apply to gifts given during the engagement and do not apply to gifts given before or after the engagement.
    [Show full text]
  • Marriage Contract Toolkit Table of Contents
    Marriage Contract Toolkit Table of Contents 1. WHY CCMW CREATED THIS KIT: | 1 Who should use this kit? | 1 What is the kit based on? | 2 Before you sign anything, talk to a lawyer! | 2 2. WHAT IS A MUSLIM MARRIAGE CONTRACT? | 3 How is religious marriage different from civil marriage? | 4 How can I make sure I also have a civil marriage? | 4 How can a Muslim marriage contract be useful? | 4 Will my Muslim marriage contract be enforceable by a court? | 5 When should I avoid a Muslim marriage contract? | 5 Should we talk to a lawyer when we draw up our Muslim marriage contract? | 5 If I have a religious divorce, do I need a civil one? | 6 3. WHAT PARTS OF MUSLIM LAW SUGGEST THAT WIVES CAN DIVORCE? | 7 What does the Quran say about divorce? | 7 Which hadiths indicate that women may divorce? | 8 What does traditional law say about adding conditions to marriage contracts? | 9 What does traditional law say about delegating a power of divorce to the wife? | 10 Where can I learn more about traditional law? | 16 4. EXPLANATORY NOTES | 17 Marriage certificate | 17 Sample marriage contract | 18 Part 1. Declarations relating to marriage | 18 Declaration that we are free to marry | 18 Declaration of monogamy | 18 Declaration of type of marriage | 19 Declaration of mahr-amount | 19 Declaration of mahr-time of payment | 20 Declaration about obedience | 21 Declaration of no force or violence | 21 Declaration about education and work | 22 Declaration about household responsibilities | 22 Part 2. Declarations relating to religious divorce | 22 Declaration of seeking reconciliation before divorce | 22 Declaration of divorce in writing | 23 Declaration of following the practice (Sunnah) of the Prophet, peace be upon him | 24 Declaration about where we will get a civil divorce | 24 Declaration about ending a marriage subsisting in another jurisdiction | 24 Part 3.
    [Show full text]
  • Child Marriage: a Mapping of Programmes and Partners in Twelve Countries in East and Southern Africa
    CHILD MARRIAGE A MAPPING OF PROGRAMMES AND PARTNERS IN TWELVE COUNTRIES IN EAST AND SOUTHERN AFRICA i Acknowledgements Special thanks to Carina Hickling (international consultant) for her technical expertise, skills and dedication in completing this mapping; to Maja Hansen (Regional Programme Specialist, Adolescent and Youth, UNFPA East and Southern Africa Regional Office) and Jonna Karlsson (Child Protection Specialist, UNICEF Eastern and Southern Africa Regional Office) for the guidance on the design and implementation of the study; and to Maria Bakaroudis, Celine Mazars and Renata Tallarico from the UNFPA East and Southern Africa Regional Office for their review of the drafts. The final report was edited by Lois Jensen and designed by Paprika Graphics and Communications. We also wish to express our appreciation to the global and regional partners that participated as informants in the study, including the African Union Commission, Secretariat for the African Union Campaign to End Child Marriage; Girls Not Brides; Population Council; Swedish International Development Cooperation Agency – Zambia regional office; World YWCA; Commonwealth Secretariat; Rozaria Memorial Trust; Plan International; Inter-Africa Committee on Traditional Practices; Save the Children; Voluntary Service Overseas; International Planned Parenthood Federation Africa Regional Office; and the Southern African Development Community Parliamentary Forum. Special thanks to the UNFPA and UNICEF child marriage focal points in the 12 country offices in East and Southern Africa (Comoros, Democratic Republic of the Congo, Eritrea, Ethiopia, Madagascar, Malawi, Mozambique, South Sudan, Uganda, United Republic of Tanzania, Zambia and Zimbabwe) and the governmental and non-governmental partners that provided additional details on initiatives in the region. The information contained in this report is drawn from multiple sources, including interviews and a review of materials available online and provided by organizations.
    [Show full text]
  • Common Law Marriage in the Nineteenth Century
    Governing Through Contract: Common Law Marriage in the Nineteenth Century Ariela R. Dubler When Mrs. William Reed's husband died in 1806, she requested an annual payment of twenty-five dollars from the Provident Society, of which her husband had been a member. Although the society guaranteed such support to the widows of all its members, it refused to recognize Mrs. Reed as Mr. Reed's widow, claiming that the Reeds were never lawfully married., In the trial that ensued, the following story emerged: In 1785, John Guest, Mrs. Reed's first husband, left his wife for unspecified "foreign parts."2 In 1792, when it was "reported and generally believed" that Guest had died, his wife married Reed.3 Following the marriage, Guest resurfaced in New York, where he lived until his death in 1800, never objecting to the marriage between Mr. and Mrs. Reed. Mrs. Reed lived with her second husband and "sustained a good reputation in society" until his death.4 In a per curiam opinion written by Chancellor Kent,5 the New York Supreme Court of Judicature held, in Fenton v. Reed, that the Reeds' marriage was valid.6 Although their marriage was null and void while Guest was alive, Kent held, no proof of solemnization after his death was needed for their marriage to be valid. The court wrote: A marriage may be proved ... from cohabitation, reputation, acknowledgment of the parties, reception in the family, and other circumstances from which a marriage may be inferred.... No formal solemnization of marriage was requisite. A contract of marriage made 1.
    [Show full text]
  • Understanding State Statutes on Minimum Marriage Age and Exceptions (Last Updated: May 24, 2018)
    Understanding State Statutes on Minimum Marriage Age and Exceptions (Last updated: May 24, 2018) The chart below serves as a legal resource for understanding state statutes on minimum marriage age in all 50 states and the District of Columbia. It highlights the youngest age at which an individual may legally be married (the age “floor,” if specified by statute) in each state and DC, provides the text of key statutes on issuing marriage licenses to minors,1 and links to the statutory text. Most states require the parties to be at least age 18 (the typical age of “majority,” or legal adulthood) to marry without parental consent or judicial approval. Age 18 is therefore often referred to as a state’s “statutory minimum marriage age.” That term can be misleading, however, because statutory exceptions that apply if there is parental consent or if a judge approves of the marriage, and/or in case of pregnancy, can in effect drop the true minimum marriage age much lower. In fact, many states actually set no bottom-line age floor by statute (that is, a lower limit below which a child cannot be married, even if exceptions are met). Lax statutory exceptions based on parental consent (which can hide parental coercion) or pregnancy (which can be evidence of rape) can actually facilitate forced marriages and often leave older minors especially unprotected. Most states allow parties between the ages of 16 and 18 to marry with parental consent alone. Many states also allow parties younger than age 16 to marry with judicial approval and/or if one party is pregnant or has had a child.
    [Show full text]
  • Marriage in Connecticut a Guide to Resources in the Law Library
    Connecticut Judicial Branch Law Libraries Copyright © 2000-2021, Judicial Branch, State of Connecticut. All rights reserved. 2021 Edition Marriage in Connecticut A Guide to Resources in the Law Library Table of Contents Introduction .................................................................................................... 3 Section 1: Who May Marry ................................................................................ 4 Section 2: The Marriage License ....................................................................... 10 Table 1: Blood Tests (Repealed) .................................................................... 14 Section 3: Who May Perform a Marriage ............................................................ 15 Section 4: The Marriage Ceremony ................................................................... 19 Section 5: Foreign and Out-Of-State Marriages in Connecticut ............................ 22 Section 6: Common Law Marriage .................................................................... 27 Table 2: Marital Privilege – Evidence Treatises and Selected Case Law ............... 32 Treated Elsewhere: Annulment of Marriages and Civil Unions in Connecticut Cohabitation Law in Connecticut Dissolution of Marriages in Connecticut Legal Separation in Connecticut Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Marriage - 1 These guides are provided with the understanding that they represent only a
    [Show full text]
  • A Case for Civil Marriage
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Columbia Law School: Scholarship Repository Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2006 A Case for Civil Marriage Carol Sanger Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Contracts Commons, and the Sexuality and the Law Commons Recommended Citation Carol Sanger, A Case for Civil Marriage, CARDOZO LAW REVIEW, VOL. 27, P. 1311, 2006; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 06-133 (2006). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1442 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Columbia Law School Public Law & Legal Theory Working Paper Group Paper Number 06-133 A CASE FOR CIVIL MARRIAGE (Cardozo Law Review, Vol. 27, p. 1311, 2006) BY: PROFESSOR CAROL SANGER COLUMBIA LAW SCHOOL This paper can be downloaded without charge from the Social Science Research Network electronic library at: http://ssrn.com/abstract=952381 A CASE FOR CIVIL MARRIAGE Carol Sanger* In Leonard Bernstein’s 1953 musical comedy Wonderful Town, there is a terrific song called One Hundred Easy Ways to Lose a Man.1 The heroine, Ruth Sherwood, catalogues all the mistakes a girl can make in trying to get a man. She might, for example, know more than he does about baseball or cars, or in the refrain I have in mind, she might know more than he does about grammar.
    [Show full text]
  • Understanding State Statutes on Minimum Marriage Age and Exceptions
    Understanding State Statutes on Minimum Marriage Age and Exceptions (Last updated: August 1, 2020) The chart below serves as a legal resource for understanding state statutes on minimum marriage age in all 50 states and the District of Columbia1. It highlights the youngest age at which an individual may legally be married (the age “floor”) in each state and DC, provides the text of key statutes on issuing marriage licenses to minors,2 and links to the statutory text. Most states require the parties to be at least age 18 (the typical age of “majority,” or legal adulthood) to marry without parental consent or judicial approval. Age 18 is therefore often referred to as a state’s “statutory minimum marriage age.” That term can be misleading, however, because statutory exceptions that apply can in effect drop the true minimum marriage age much lower. More than half of all states allow parties between the ages of 16 and 18 to be married based on parental consent alone. Fifteen states allow parties younger than age 16 to be married; depending on the state, the exception is based on judicial approval and/or if one party is pregnant or has had a child3. In fact, ten states’ statutes actually set no bottom-line “age floor” (that is, a lower limit below which a child cannot be married, even if exceptions are met). Lax statutory exceptions based on parental consent (which can hide parental coercion) or pregnancy (which can be evidence of rape) can facilitate forced marriages and often leave older minors especially unprotected.
    [Show full text]