Marriage

==Law==
{{Family law}}
{{Main|Marriage law}}

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 "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses."<ref>{{cite news | url=https://www.un.org/en/documents/udhr/ | title=The Universal Declaration of Human Rights | newspaper=United Nations | access-date=26 December 2013}}</ref>

===Rights and obligations===
{{See also|Matrimonial regime|Rights and responsibilities of marriages in the United States}}

A marriage bestows rights and obligations on the married parties, and sometimes on [[kinship|relatives]] as well, being the sole mechanism for the creation of [[affinity (law)|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 [[community property|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.<ref>{{cite book|last = Leach| first =Edmund|editor=Paul Bonannan and John Middleton|title=Marriage, Family, and Residence|publisher=The Natural History Press| year =1968|isbn=978-1-121-64470-0}}</ref> These might include arranged marriages, family obligations, the legal establishment of a [[nuclear family]] unit, the legal protection of children and public declaration of [[Promise|commitment]].<ref>{{cite book|first=James E.|last=Krier|author2=Gregory S. Alexander|author3=Michael H. Schill|author4=Jesse Dukeminier|title=Property|publisher=Aspen Publishers|year=2006|isbn=978-0-7355-5792-5|url-access=registration|url=https://archive.org/details/property0000unse}} Excerpt – p. 335: "...at the wedding; hence the importance of including in the marriage ceremony the words, 'With all my worldly goods I thee endow.'"</ref><ref>{{cite web|url=http://www.marriagedebate.com/pdf/What%20is%20Marriage%20For.pdf|title=What is Marriage For? The Public Purposes of Marriage Law|last=Gallagher|first=Maggie|year=2002|publisher=Louisiana law review}}</ref>

===Property regime===
In many countries today, each marriage partner has the choice of keeping his or her property [[community 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 and testament|will]] or [[trust law|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 [[jurisdiction]]s; [[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.<ref name="Encyclopædia Britannica adultery">[https://www.britannica.com/EBchecked/topic/6618/adultery "Adultery"] ''Encyclopædia Britannica''</ref>

====Age====
Most jurisdictions set a [[marriageable age|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<ref>[https://www.hrw.org/news/2013/06/14/q-child-marriage-and-violations-girls-rights Q & A: Child Marriage and Violations of Girls' Rights | Human Rights Watch]. Hrw.org (14 June 2013). Retrieved on 5 September 2013.</ref> – such [[child marriage]]s 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.<ref>[https://web.archive.org/web/20130314073138/http://www.who.int/mediacentre/news/releases/2013/child_marriage_20130307/en/ WHO | Child marriages: 39,000 every day]. Who.int (7 March 2013). Retrieved on 6 April 2013.</ref>

====Kinship====
{{Main|Cousin marriage}}
{{See also|Coefficient of relationship}}
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.<ref>{{Cite web|title=State Variations on American Marriage Prohibitions|url=https://www.umanitoba.ca/faculties/arts/anthropology/tutor/marriage/usa-ncst.html|access-date=2021-07-10|website=www.umanitoba.ca}}</ref><ref>{{Cite journal|last=Hafen|first=Bruce C.|date=1983|title=The Constitutional Status of Marriage, Kinship, and Sexual Privacy: Balancing the Individual and Social Interests|journal=Michigan Law Review|volume=81|issue=3|pages=463–574|doi=10.2307/1288509|jstor=1288509|issn=0026-2234|url=https://repository.law.umich.edu/cgi/viewcontent.cgi?article=4662&context=mlr }}</ref>

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<ref>{{Cite journal|last=Campagno|first=Marcelo|date=2014-08-18|title=Patronage and Other Logics of Social Organization in Ancient Egypt during the IIIrd Millennium bce|journal=Journal of Egyptian History|volume=7|issue=1|pages=1–33|doi=10.1163/18741665-12340012|hdl=11336/33193 |issn=1874-1657|hdl-access=free}}</ref> or animal ancestors (totems). This can be conceived of on a more or less literal basis.

====Race====
[[File:US miscegenation.svg|thumb|upright=1.8|U.S States, by the date of repeal of anti-miscegenation laws:
{{legend|#d3d3d3|No laws passed}}
{{legend|#5b9e39|Repealed before 1887}}
{{legend|#f3ee66|Repealed between 1948 and 1967}}
{{legend|#cc2f2f|Overturned on 12 June 1967}}]]
{{Main|Interracial marriage}}
Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691<ref name="Frank W Sweet">{{Cite journal
 |url=http://www.backintyme.com/essay050101.htm
 |title=The Invention of the Color Line: 1691—Essays on the Color Line and the One-Drop Rule
 |author=Frank W Sweet
 |publisher=Backentyme Essays
 |date=1 January 2005
 
 |archive-url=https://web.archive.org/web/20070409160923/http://backintyme.com/essay050101.htm
 |archive-date=9 April 2007
}}</ref> 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 in the United States|Native Americans]] or [[Asian Americans|Asians]].<ref>{{Cite journal|last=Karthikeyan|first=Hrishi |author2=Chin, Gabriel|year=2002|title=Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910–1950|journal=Asian Law Journal|volume=9|issue=1|ssrn=283998}}</ref> 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.<ref>{{cite web|url=http://lovingday.org/map.htm|title=Where were Interracial Couples Illegal?|website=LovingDay|access-date=5 August 2013|archive-date=31 December 2007|archive-url=https://web.archive.org/web/20071231145639/http://www.lovingday.org/map.htm}}</ref> Although an "Anti-Miscegenation Amendment" to the [[United States Constitution]] was proposed in 1871, in 1912–1913, and in 1928,<ref>[http://lovingday.org/courtroom.htm "Courtroom History"] {{Webarchive|url=https://web.archive.org/web/20071231035205/http://www.lovingday.org/courtroom.htm |date=31 December 2007 }} Lovingday.org Retrieved 28 June 2007</ref><ref>{{Cite journal|last=Stein|first=Edward|year=2004|title=Past and present proposed amendments to the United States constitution regarding marriage|journal=Washington University Law Quarterly|volume=82|issue=3|ssrn=576181}}</ref> 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 [[Constitutionality|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 [[Judaism|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".<ref name="Burleigh1991">{{cite book | author = Michael Burleigh | title = The Racial State: Germany 1933–1945 | url = https://archive.org/details/racialstate00mich | url-access = registration | date = 7 November 1991 | publisher = Cambridge University Press | isbn = 978-0-521-39802-2 | page = [https://archive.org/details/racialstate00mich/page/49 49]}}</ref> Such relations were marked as ''[[Rassenschande]]'' (lit. "race-disgrace") and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death.

South Africa under apartheid also banned interracial marriage. The [[Prohibition of Mixed Marriages Act, 1949]] prohibited marriage between persons of different races, and the [[Immorality Act]] of 1950 made [[Miscegenation|sexual relations with a person of a different race]] a [[crime]].

====Sex====
[[File:World marriage-equality laws.svg|thumb|right|upright=1.8|
{{legend|#002255|Marriage open to same-sex couples (rings: individual cases)}}
{{legend|#71C837|Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for}}
{{legend|#9900CC|Same-sex marriage recognized when performed in certain other jurisdictions, and accorded greater rights than local same-sex unions (if any)}}
{{legend|#0066FF|Civil unions or domestic partnerships}}
{{legend|#9FCFFF|Limited legal recognition (registered cohabitation)}}
{{legend striped|#99CCFF|#DCDCDC|Local certification without legal force|up=yes}}
{{legend|#CCAAFF|Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)}}
{{legend|#C6E9AF|Country subject to an international court ruling to recognize same-sex marriage}}
{{legend|#CCCCCC|Same-sex unions not legally recognized}}]]
{{Main|Same-sex marriage}}
Same-sex marriage is legally performed and recognized in [[Same-sex marriage in Andorra|Andorra]], [[Argentina]], [[Same-sex marriage in Australia|Australia]], [[Same-sex marriage in Austria|Austria]], [[Same-sex marriage in Belgium|Belgium]], [[Same-sex marriage in Brazil|Brazil]], [[Same-sex marriage in Canada|Canada]], [[Same-sex marriage in Chile|Chile]], [[Same-sex marriage in Colombia|Colombia]], [[Same-sex marriage in Costa Rica|Costa Rica]], [[Same-sex marriage in Cuba|Cuba]], [[Same-sex marriage in Denmark|Denmark]], [[Same-sex marriage in Ecuador|Ecuador]], [[Same-sex marriage in Finland|Finland]], [[Same-sex marriage in France|France]], [[Same-sex marriage in Germany|Germany]], [[Same-sex marriage in Iceland|Iceland]], [[Same-sex marriage in the Republic of Ireland|Ireland]], [[Same-sex marriage in Luxembourg|Luxembourg]], [[Same-sex marriage in Malta|Malta]], [[Same-sex marriage in Mexico|Mexico]], the [[Same-sex marriage in the Netherlands|Netherlands]],{{efn|name=netherlands|text=Same-sex marriage is performed and recognized by law in [[Same-sex marriage in the Netherlands|the Netherlands proper]], including [[Same-sex marriage in Bonaire, Sint Eustatius and Saba|Bonaire, Sint Eustatius and Saba]]. Marriages entered into there have minimal recognition in [[Same-sex marriage in Aruba, Curaçao and Sint Maarten|Aruba, Curaçao and Sint Maarten]].}} [[Same-sex marriage in New Zealand|New Zealand]],{{efn|name=nz|text=Same-sex marriage is performed and recognized by law in [[New Zealand|New Zealand proper]], but not in [[LGBT rights in Tokelau|Tokelau]], the [[LGBT rights in the Cook Islands|Cook Islands]] or [[LGBT rights in Niue|Niue]], which together make up the [[Realm of New Zealand]].}} [[Same-sex marriage in Norway|Norway]], [[Same-sex marriage in Portugal|Portugal]], [[Same-sex marriage in Slovenia|Slovenia]], [[Same-sex marriage in South Africa|South Africa]], [[Same-sex marriage in Spain|Spain]], [[Same-sex marriage in Sweden|Sweden]], [[Same-sex marriage in Switzerland|Switzerland]], [[Same-sex marriage in Taiwan|Taiwan]], the [[Same-sex marriage in the United Kingdom|United Kingdom]],{{efn|name=uk|text= Except the British Overseas Territories of [[LGBT rights in Anguilla|Anguilla]], the [[LGBT rights in the British Virgin Islands|British Virgin Islands]], the [[LGBT rights in the Cayman Islands|Cayman Islands]], [[LGBT rights in Montserrat|Montserrat]] and the [[LGBT rights in the Turks and Caicos Islands|Turks and Caicos Islands]].|group=}} the [[Same-sex marriage in the United States|United States]],{{efn|name=usa|text=Same-sex marriage is performed and recognized by law in all [[Same-sex marriage law in the United States by state|fifty states]] and the [[Same-sex marriage in the District of Columbia|District of Columbia]], all territories except [[LGBT rights in American Samoa|American Samoa]], and in [[Same-sex marriage in tribal nations in the United States|some tribal nations]].}} and [[Same-sex marriage in Uruguay|Uruguay]]. [[Recognition of same-sex unions in Israel|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 rights|human right]] and a [[civil rights|civil right]] as well as a political, social, and religious issue.<ref>{{multiref2 | {{cite web|title=Inter-American Human Rights Court backs same-sex marriage|url=https://www.bbc.com/news/world-latin-america-42633891|publisher=[[BBC]]|date=January 10, 2018|access-date=April 6, 2018}} | {{cite web|title=Obergefell v. Hodges, 576 U.S. ___ (2015)|url=https://supreme.justia.com/cases/federal/us/576/14-556/opinion3.html|publisher=[[Justia]]|date=June 26, 2015|access-date=April 6, 2018}} |  {{cite news|last=Smith|first=Susan K.|title=Marriage a Civil Right, not Sacred Rite|url=http://newsweek.washingtonpost.com/onfaith/panelists/susan_k_smith/2009/07/marriage_a_civil_right_not_sacred_rite.html|access-date=20 September 2012|newspaper=[[The Washington Post]]|date=30 July 2009|archive-date=3 October 2012|archive-url=https://web.archive.org/web/20121003083717/http://newsweek.washingtonpost.com/onfaith/panelists/susan_k_smith/2009/07/marriage_a_civil_right_not_sacred_rite.html}} | {{cite web|title=Decision in Perry v. Schwarzenegger|url=https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|access-date=6 August 2010|archive-url=https://web.archive.org/web/20130316191210/https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|archive-date=16 March 2013}} }}</ref> 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. [[Same-sex marriage#Public opinion|Polls consistently show]] continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing democracies.<ref>{{multiref2 | {{cite web|url=http://news.gallup.com/poll/234866/two-three-americans-support-sex-marriage.aspx|title=Two in Three Americans Support Same-Sex Marriage|website=[[Gallup (company)|Gallup]]|date=May 23, 2018}} | {{cite web|title=For several years a majority of Australians have supported marriage equality|url=http://www.australianmarriageequality.org/who-supports-equality/a-majority-of-australians-support-marriage-equality/|publisher=Australian Marriage Equality Incorporated|access-date=22 May 2015}} | {{cite web|title=Support for Same-Sex Marriage in Latin America|url=http://www.vanderbilt.edu/lapop/insights/I0844.enrevised.pdf|publisher=[[Vanderbilt University]]|access-date=25 September 2012}} }}</ref>

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====
[[File:Legality of polygamy.svg|thumb|400px
 | <div style="margin:0 0.5em;">
{{legend|#56b4e9|Polygamy is legal}}
{{legend|#009e73|Polygamy is legal only for Muslims}}
{{legend|#0072b2|Polygamy is legal in some regions (Indonesia)}}
{{legend|#d55e00|Polygamy is illegal, but practice is not criminalised}}
{{legend|#000000|Polygamy is illegal and practice criminalised}}
{{legend|#e0e0e0|Legal status unknown}} </div>
{{Bulleted list |style=margin:0.5em 0.5em 0.25em;border-top:1px solid#aaa;font-size:94%; |item_style=line-height:1.3em;
| In India, Malaysia, Philippines and Singapore polygamy is only legal for [[Muslim]]s.
| In Nigeria and South Africa, polygamous marriages under customary law and for Muslims are legally recognized.
| In Mauritius, polygamous unions have no legal recognition. Muslim men may, however, "marry" up to four women, but they do not have the legal status of&nbsp;wives.
}}]]{{Main|Legality of polygamy}}

Polygyny is widely practiced in mostly [[Muslim]] and African countries.<ref>{{cite web |url=http://www.waleg.com/archives/001129.html |title=Polygamy in Muslim countries |publisher=Waleg.com |date=26 June 2005 |access-date=4 August 2013 |archive-url=https://web.archive.org/web/20130901020418/http://www.waleg.com/archives/001129.html |archive-date=1 September 2013  }}</ref><ref>{{cite news|url=http://www.wehaitians.com/polygamy%20practiced%20in%20secrecy%20follows%20africans%20to%20new%20york%20city.html |archive-url=https://web.archive.org/web/20080720144224/http://www.wehaitians.com/polygamy%20practiced%20in%20secrecy%20follows%20africans%20to%20new%20york%20city.html |archive-date=20 July 2008 |title=Polygamy, Practiced in Secrecy, Follows Africans to New York City |newspaper=The New York Times|date= 25 March 2007|author=Berstein, Nina}}</ref> In the Middle Eastern region, Israel, Turkey and [[Polygamy in Tunisia|Tunisia]] are notable exceptions.<ref>{{cite web|url=http://www.law.emory.edu/ifl/legal/tunisia.htm |title=Tunisia: Notable Features: Polygamy |publisher=Law.emory.edu }}</ref>

In most other jurisdictions, polygamy is illegal. For example, In the United States, polygamy is illegal in all [[List of states and territories of the United States|50 states]].<ref name="quietly">{{cite news|url=https://www.npr.org/templates/story/story.php?storyId=90857818|title=Some Muslims in U.S. Quietly Engage in Polygamy|publisher=[[National Public Radio]]: [[All Things Considered]]|date=27 May 2008|author=Hagerty, Barbara Bradley }}</ref>

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 [[Act of Congress|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 '[[1890 Manifesto|The Manifesto]]' (see [[Latter Day Saint polygamy in the late-19th century]]).<ref>{{Cite book|first=Edward Leo |last=Lyman |contribution=Statehood for Utah |url=http://www.uen.org/utah_history_encyclopedia/s/STATEHOOD.html |editor-last=Powell |editor-first=Allan Kent |year=1994 |title=Utah History Encyclopedia |location=Salt Lake City, Utah |publisher=[[University of Utah Press]] |isbn=978-0-87480-425-6 |oclc=30473917   |archive-url=https://web.archive.org/web/20131101131036/http://www.uen.org/utah_history_encyclopedia/s/STATEHOOD.html |archive-date=1 November 2013 }}</ref> Among [[Islam in the United States|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.<ref name=quietly/>

Several countries such as India and Sri Lanka,<ref>{{cite web |url=http://genderindex.org/country/sri-lanka |title=Sri Lanka: Family Code |publisher=Genderindex.org  |archive-url=https://web.archive.org/web/20101027130820/http://genderindex.org/country/sri-lanka |archive-date=27 October 2010 }}</ref> permit only their Islamic citizens to practice polygamy. Some Indians have converted to [[Islam]] in order to bypass such legal restrictions.<ref>See [[Polygyny in India|Polygamy in India]]</ref> Predominantly Christian nations usually do not allow [[Polygamy|polygamous unions]], with a handful of exceptions being the [[Polygamy in the Republic of the Congo|Republic of the Congo]], Uganda, and [[Polygamy in Zambia|Zambia]].

===State recognition===
When a marriage is performed and carried out by a government institution in accordance with the [[marriage law]]s 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 [[Theocracy|religious legal system]], such as [[Saudi Arabia]], where marriages contracted abroad might not be recognized if they were contracted contrary to Saudi interpretations of [[Sharia|Islamic religious law]]. In countries governed by a [[Millet system|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 marriage]]s or [[civil union]]s.

The opposite case may happen as well. Partners may not have full juridical acting capacity and churches may have less strict limits than the civil jurisdictions. This particularly applies to minimum age, or physical infirmities.{{citation needed|date=August 2013}}

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 [[heterosexuality|opposite-sex]] couples and a diminishing number of these permit [[polygyny|polygyny marriage]], [[polyandry|polyandry marriage]], [[polygamy|polygamy marriage]], [[group marriage]], [[coverture|coverture marriage]], [[arranged marriage]]s, [[forced marriage]]s, [[child marriage]]s, [[cousin marriage]]s, [[sibling marriage]]s, [[teenage marriage]]s, [[avunculate marriage]]s and [[incest|incestuous marriage]]s. In modern times, a growing number of countries, primarily developed democracies, have lifted bans on, and have established legal recognition for, the marriages of [[interethnic marriage|interethnic]], [[interracial marriage|interracial]], [[interfaith marriage|interfaith]], [[interdenominational marriage|interdenominational]], [[inter-caste marriage|inter-caste]], [[transnational marriage|transnational]], and [[same-sex marriage|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====
{{Main|Wedding}}
[[File:Shinto married couple.jpg|thumb|upright|Couple married in a [[Shinto]] ceremony in [[Takayama, Gifu]] prefecture]]
[[File:Assyrian wedding, Mechelen.jpg|thumb|upright=0.85|A newly married [[Assyrian people|Assyrian]] 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]]<ref>{{cite web|url= http://www.wwhr.org/images/CivilandPenalCodeReforms.pdf|archive-url= https://web.archive.org/web/20061231021938/http://www.wwhr.org/images/CivilandPenalCodeReforms.pdf  |archive-date= 2006-12-31  |title=Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of two Nationwide Campaigns }}&nbsp;{{small|(6.21 MB)}} (p. 18)</ref> – require that a civil ceremony take place before any religious one. In some countries – notably the [[United States]], [[Canada]], the [[United Kingdom]], [[Republic of Ireland|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 (United Kingdom)|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====
{{See also|Common-law marriage}}

In a small number of jurisdictions marriage relationships may be created by the operation of the law alone.<ref name="Nolo" /> Unlike the typical [[ceremonial marriage]] with legal contract, wedding ceremony, and other details, a [[common-law marriage]] may be called "marriage by habit and repute (cohabitation)." A de facto common-law marriage without a license or ceremony is legally binding in some jurisdictions but has no legal consequence in others.<ref name="Nolo">"Common Law Marriage FAQ." ''Nolo.'' 31 July 2009.</ref>

====Civil unions====
{{Main|Civil union}}
[[File:New York City Proposition 8 Protest outside LDS temple 20.jpg|thumb|left|Various advocates of same-sex marriage, such as this protester at a demonstration in New York City against [[California Proposition 8 (2008)|California Proposition 8]], consider [[civil unions]] an inferior alternative to legal recognition of same-sex marriage.<ref name="Towleroad">[http://www.towleroad.com/2008/11/we-did-it.html NYC Protest and Civil Rights March Opposing Proposition 8], [[Andy Towle]], Towleroad.com, 13 November 2008. Retrieved 14 November 2008.</ref>]]

A ''civil union'', also referred to as a ''civil partnership'', is a legally recognized form of partnership similar to marriage. Beginning with [[Same-sex marriage in Denmark|Denmark]] in 1989, civil unions under one name or another have been established by law in several countries in order to provide [[homosexuality|same-sex couples]] [[rights]], benefits, and [[Moral responsibility|responsibilities]] similar (in some countries, identical) to opposite-sex civil marriage. In some [[jurisdiction]]s, such as [[Same-sex marriage in Brazil|Brazil]], [[Civil union in New Zealand|New Zealand]], [[Same-sex marriage in Uruguay|Uruguay]], [[Recognition of same-sex unions in Ecuador|Ecuador]], [[Civil solidarity pact|France]] and the U.S. states of [[Same-sex marriage in Hawaii|Hawaii]] and [[Same-sex marriage in Illinois|Illinois]], civil unions are also open to opposite-sex couples.

===="Marriage of convenience"====
Sometimes people marry to take advantage of a certain situation, sometimes called a [[marriage of convenience]] or a sham marriage. In 2003, over 180,000 immigrants were admitted to the U.S. as spouses of [[Citizenship of the United States|U.S. citizens]];<ref>{{cite web|url= https://www.dhs.gov/xlibrary/assets/statistics/yearbook/2003/2003IMMtables.pdf |title=Immigration to the United States: Fiscal years 1820–2003 }}&nbsp;{{small|(2.03&nbsp;MB)}}</ref> more were admitted as fiancés of US citizens for the purpose of being married within 90 days. These marriages had a diverse range of motives, including [[green card marriage|obtaining permanent residency]], securing an inheritance that has a marriage clause, or to enroll in health insurance, among many others. While all marriages have a complex combination of conveniences motivating the parties to marry, a marriage of convenience is one that is devoid of normal reasons to marry. In certain countries like Singapore sham marriages are punishable criminal offences.<ref>{{cite news|title=Sham marriage: Married on the day they met to prolong her stay |url=http://www.straitstimes.com/news/singapore/courts-crime/story/sham-marriage-married-the-day-they-met-prolong-her-stay-20140626|access-date=26 June 2014}}</ref>

===Contemporary legal and human rights criticisms of marriage===
[[File:Esposas de Matrimonio 1.jpg|thumb|"''Esposas de Matrimonio''" ("Wedding Cuffs"), a [[wedding ring]] 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]].]]

{{Main|Criticism of marriage}}
People have proposed arguments against marriage for reasons that include political, philosophical and religious criticisms; concerns about the [[Divorce demography|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.<ref>{{Cite web |last=Tatiana D. Gray, Matt Hawrilenko, and James V. Cordova |date=2019 |title=Randomized Controlled Trial of the Marriage Checkup: Depression Outcomes |url=https://arammu.com/assets/research/MC%20Depression%20Outcomes.pdf}}</ref><ref>{{Cite journal |last1=Fink |first1=Brandi C. |last2=Shapiro |first2=Alyson F. |date=March 2013 |title=Coping Mediates the Association Between Marital Instability and Depression, but Not Marital Satisfaction and Depression |journal=Couple & Family Psychology |volume=2 |issue=1 |pages=1–13 |doi=10.1037/a0031763 |issn=2160-4096 |pmc=4096140 |pmid=25032063}}</ref><ref>{{Cite journal |last=Maria R. Goldfarb & Gilles Trudel |date=2019 |title=Marital quality and depression: a review |journal=Marriage & Family Review |volume=55 |issue=8 |pages=737–763 |doi=10.1080/01494929.2019.1610136 |s2cid=165116052 |url=https://www.tandfonline.com/doi/ref/10.1080/01494929.2019.1610136?scroll=top}}</ref>

====Power and gender roles====
[[File:Are married women required by law to obey their husbands., OWID.svg|thumb|left|upright=1.4|Countries where married women are required by law to obey their husbands as of 2015<ref>{{cite web |title=Are married women required by law to obey their husbands? |url=https://ourworldindata.org/grapher/women-required-to-obey-husband |website=Our World in Data |access-date=15 February 2020}}</ref>]]

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 world|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 sex|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 (social and political)|power dynamic]] conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere".<ref name="Weadock">Weadock, Briana. [http://citation.allacademic.com/meta/p_mla_apa_research_citation/1/1/0/3/0/p110303_index.html "Disciplining Marriage: Gender, Power and Resistance"] {{Webarchive|url=https://web.archive.org/web/20120425130145/http://citation.allacademic.com/meta/p_mla_apa_research_citation/1/1/0/3/0/p110303_index.html |date=25 April 2012 }}. Paper presented at the annual meeting of the American Sociological Association, Hilton San Francisco & Renaissance Parc 55 Hotel, San Francisco, CA,, 14 August 2004.</ref> "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."<ref>Evans, Tanya (2005) ''Women, Marriage and the Family'', p. 64 in Barker, Hannah, & Elaine Chalus, eds., ''Women's History: Britain, 1700–1850: An Introduction'', Oxon/London: Routledge, {{ISBN|0-415-29177-1}}.</ref> "[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]."<ref>Evans, Tanya, ''Women, Marriage and the Family'', ''op. cit.'', in Barker, Hannah, & Elaine Chalus, eds., ''Women's History'', ''op. cit.'', p. 66 & n. 69.</ref>

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 "[[lesser of two evils principle|necessary evil]]"). [[Mary Wollstonecraft]], in the 18th century, described marriage as "legal prostitution".<ref>{{cite book|author=Wollstonecraft, Mary |title=Wollstonecraft: A Vindication of the Rights of Man and a Vindication of the Rights of Woman and Hints |url=https://books.google.com/books?id=UOzywCVo3swC |year=1995 |publisher=Cambridge University Press |isbn=978-0-521-43633-5}}</ref> [[Emma Goldman]] wrote in 1910: "To the moralist prostitution does not consist so much in the fact that the woman sells her body, but rather that she sells it out of wedlock".<ref>[http://www.marxists.org/reference/archive/goldman/works/1910/traffic-women.htm The Traffic in Women by Emma Goldman 1910]. Marxists.org. Retrieved on 5 September 2013.</ref> [[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."<ref>{{cite book|author=Russell, Bertrand |title=Marriage And Morals |url=https://archive.org/details/in.ernet.dli.2015.227102 |year=1929}}</ref> [[Angela Carter]] in ''[[Nights at the Circus]]'' wrote: "What is marriage but prostitution to one man instead of many?"<ref>{{cite book|author=Carter, Angela |title=Nights at the circus |url=https://books.google.com/books?id=IklaAAAAMAAJ |year=1984 |publisher=Chatto & Windus|isbn=978-0-7011-3932-2 }}</ref>

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 [[girl]]s, are bombarded with positive information about marriage, being presented only with the information prepared by authorities.<ref>Hardisty, Jean (2008) [http://www.publiceye.org/jeans_report/marriage-promotion-part-2.pdf Marriage as a cure for poverty?]. Red Sun Press, {{ISBN|0-915987-21-X}}.</ref><ref>[http://government.arts.cornell.edu/assets/faculty/docs/smith/nopromomarriage.23feb.pdf Reduce Poverty Using Proven Methods: Eliminate Federal Funding of "Marriage Promotion" and Staff HHS with Appointees Who Value All Families]. arts.cornell.edu</ref>

The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a heterosexual marriage.<ref>Veronica Jaris Tichenor, "Thinking About Gender and Power in Marriage", The Kaleidoscope of Gender, 2010</ref> 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]]<!-- bell hooks, the writer, spells her name in all lower-case, and that applies even at the beginning of a sentence. --> 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."<ref>{{cite book|author=bell hooks|title=Feminist Theory: From Margin to Center|url=https://books.google.com/books?id=uvIQbop4cdsC|year=2000|publisher=Pluto Press|isbn=978-0-7453-1663-5}}</ref> "[T]he cultural, economic, political and legal supremacy of the husband" was "[t]raditional ... under English law".<ref>Barnett, Hilaire A, ''Introduction to Feminist Jurisprudence'' (London: Cavendish Publishing, 1998 ({{ISBN|1-85941-237-8}})), p. 35 and, per p. 35 n. 35, see chap. 3 (author then of Queen Mary & Westfield Coll., Univ. of London).</ref> This patriarchal dynamic is contrasted with a conception of [[Egalitarianism|egalitarian]] or [[Shared earning/shared parenting marriage|peer marriage]] in which power and labour are divided equally, and not according to [[gender role]]s.<ref name="Weadock" />

In the US, studies have shown that, despite egalitarian ideals being common, less than half of respondents viewed their opposite-sex relationships as equal in power, with unequal relationships being more commonly dominated by the male partner.<ref name="Sprecher">{{cite journal|doi=10.1023/A:1025601423031|year=1997|last1=Sprecher|first1=Susan|last2=Felmlee|first2=Diane|journal=Sex Roles|volume=37|issue=5/6|pages=361–79|url=http://business.highbeam.com/435388/article-1G1-20247079/balance-power-romantic-heterosexual-couples-over-time|archive-url=https://web.archive.org/web/20110430030941/http://business.highbeam.com/435388/article-1G1-20247079/balance-power-romantic-heterosexual-couples-over-time|archive-date=2011-04-30|title=The Balance of Power in Romantic Heterosexual Couples Over Time from "His" and "Her" Perspectives|s2cid=141083115}}</ref> Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships.<ref name="Sprecher" /> In recent years, egalitarian or peer marriages have been receiving increasing focus and attention politically, economically and culturally in a number of countries, including the United States.

====Extra-marital sex====
{{See also|Chastity|Adultery}}
[[File:Jan Brueghel the Elder-Christus und die Ehebrecherin-AP.JPG|thumb|''[[Jesus and the woman taken in adultery|Christ and the woman taken in adultery]]'' by [[Jan Brueghel the Elder]], [[Pinakothek]]]]
[[File:Magdalen-asylum.jpg|upright=1.35|thumb|[[Magdalene laundries]] were institutions that existed from the 18th to the late 20th centuries, throughout Europe and North America, where "fallen women", including [[single mother|unmarried mothers]], were detained. Photo: Magdalene laundry in [[Ireland]], ca. early 20th century.<ref>Figure 9, Frances Finnegan, ''Do Penance or Perish'', Congrave Press, 2001.</ref>]]

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.<ref name="Divale, 2000">{{cite book |last=Divale |first=W. |date=2000 |title=Pre-Coded Variables for the Standard Cross-Cultural Sample, Volume I and II |location=Jamaica, New York |publisher=York College, CUNY |url=http://worldcultures.org/SCCS1.pdf |archive-url=https://web.archive.org/web/20081217131745/http://worldcultures.org/SCCS1.pdf |archive-date=17 December 2008 |quote=See Variable 170 and Variable 171}}</ref><ref name="Murdock, White,1969">{{cite journal |doi=10.2307/3772907 |last1=Murdock |first1=G.P. |last2=White |first2=D.R. |title=Standard cross-cultural sample |journal=Ethnology |volume=8 |issue=4 |pages=329–69 |year=1969 |jstor=3772907 }}</ref> 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.<ref name="Clements,1994">{{cite news |author=Clements, M. |title=Sex in America today: A new national survey reveals how our attitudes are changing |publisher=Parade Magazine |pages=4–6 |date=7 August 1994 }}</ref><ref name="Laumann, Gagnon, Michael, Michaels,1994">{{cite book |last1=Laumann |first1=E.O. |last2=Gagnon |first2=J.H. |last3=Michael |first3=R.T. |last4=Michaels |first4=S. |date=1994 |title=The social organization of sexuality: Sexual practices in the United States |location=Chicago |publisher=University of Chicago Press}}</ref><ref name="Wiederman,1997">{{cite journal |doi=10.1080/00224499709551881 |author=Wiederman, M.W. |title=Extramarital sex: Prevalence and correlates in a national survey |journal=Journal of Sex Research |volume=34 |pages=167–74 |year=1997 |issue=2 }}</ref>

Many of the world's major religions look with disfavor on [[sexual intercourse|sexual relations]] outside marriage.<ref>{{cite web|author=Ontario Consultants on Religious Tolerance|date=31 December 2006|url=http://www.religioustolerance.org/chr_sex.htm|title=Human sexuality and gender topics: Subjects of major concern to many faith groups|publisher=Religioustolerance.org}}</ref> In some non-[[Secularity|secular]] Islamic countries, there are criminal penalties for [[fornication|sexual intercourse before marriage]].<ref name="Kury Redo Shea 2016 p. 652">{{cite book | last1=Kury | first1=H. | last2=Redo | first2=S. | last3=Shea | first3=E. | title=Women and Children as Victims and Offenders: Background, Prevention, Reintegration: Suggestions for Succeeding Generations (Volume 1) | publisher=Springer International Publishing | issue=v. 1 | year=2016 | isbn=978-3-319-08398-8 | url=https://books.google.com/books?id=wpBPDAAAQBAJ&pg=PA652 | access-date=2024-01-08 | page=652}}</ref> 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,<ref>{{cite web|url=http://www.eyeontheun.org/voices.asp?p=632 |title=Human Rights Voices – Pakistan, August 21, 2008 |publisher=Eyeontheun.org  |archive-url=https://web.archive.org/web/20130121175822/http://www.eyeontheun.org/voices.asp?p=632 |archive-date=21 January 2013 }}</ref> Afghanistan,<ref>{{cite web|url=http://www.aidsportal.org/news_details.aspx?ID=4236 |title=Home |publisher=AIDSPortal  |archive-url=http://webarchive.nationalarchives.gov.uk/20081026065259/http://www.aidsportal.org/news_details.aspx?ID=4236 |archive-date=26 October 2008 }}</ref><ref name="travel.state.gov">{{cite web|url=https://travel.state.gov/travel/cis_pa_tw/cis/cis_1142.html |title=Iran |publisher=Travel.state.gov  |archive-url=https://web.archive.org/web/20130801084310/http://travel.state.gov/travel/cis_pa_tw/cis/cis_1142.html |archive-date=1 August 2013 }}</ref> Iran,<ref name="travel.state.gov"/> Kuwait,<ref>{{cite web|url=http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument |title=Treaty Bodies Database – Document – Summary Record – Kuwait |publisher=United Nations Human Rights |url-status=dead |archive-url=https://web.archive.org/web/20151031125832/http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument |archive-date= Oct 31, 2015 }}</ref> Maldives,<ref>{{cite web|url=http://www.everyculture.com/Ja-Ma/Maldives.html |title=Culture of Maldives – history, people, clothing, women, beliefs, food, customs, family, social |publisher=World Culture Encyclopedia }}</ref> Morocco,<ref>{{cite news|last=Fakim |first=Nora |url=https://www.bbc.co.uk/news/world-africa-19049000 |title= Morocco: Should pre-marital sex be legal? |publisher=BBC News |date=9 August 2012 |url-status=live |archive-url=https://web.archive.org/web/20230604075418/https://www.bbc.co.uk/news/world-africa-19049000 |archive-date= Jun 4, 2023 }}</ref> Oman,<ref>{{cite web|url=http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaOman.pdf |archive-url=https://web.archive.org/web/20110807023017/http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaOman.pdf |archive-date=Aug 7, 2011 |title=Legislation of Interpol member states on sexual offences against children – Oman |publisher=Interpol }}</ref> Mauritania,<ref>{{cite web|url=https://2009-2017.state.gov/j/drl/rls/hrrpt/2010/af/154358.htm |title=2010 Human Rights Report: Mauritania |publisher=U.S. State Department |date=8 April 2011 |url-status=live |archive-url=https://web.archive.org/web/20230604004917/https://2009-2017.state.gov/j/drl/rls/hrrpt/2010/af/154358.htm |archive-date= Jun 4, 2023 }}</ref> United Arab Emirates,<ref>{{cite web |url=http://www.dubaifaqs.com/education-dubai.php |title=Education in Dubai |publisher=Dubai FAQs |url-status=live |archive-url=https://web.archive.org/web/20230828020342/https://www.dubaifaqs.com/education-dubai.php |archive-date= Aug 28, 2023  }}</ref><ref>{{cite news|last1=Judd |first1=Terri |first2=Nikolina |last2=Sajn |url=https://www.independent.co.uk/news/world/middle-east/briton-faces-jail-for-sex-on-dubai-beach-863918.html |title=Briton faces jail for sex on Dubai beach – Middle East – World |work=The Independent |date=10 July 2008 |location=London |url-status=live |archive-url=https://web.archive.org/web/20230531154322/https://www.independent.co.uk/news/world/middle-east/briton-faces-jail-for-sex-on-dubai-beach-863918.html |archive-date= May 31, 2023 }}</ref> Sudan,<ref>{{cite news|url=https://www.reuters.com/article/2007/06/28/idUSL28849488._CH_.2400 |archive-url=https://web.archive.org/web/20121209050025/http://www.reuters.com/article/2007/06/28/idUSL28849488._CH_.2400  |archive-date=9 December 2012 |title=Sudan must rewrite rape laws to protect victims |work=Reuters |date=28 June 2007 }}</ref> Yemen,<ref>{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.unhcr.org/refworld/docid/47387b712f.html/ |title=Refworld &#124; Women's Rights in the Middle East and North Africa – Yemen |publisher=UNHCR }}</ref> 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 killing]]s committed by their families.<ref>[https://www.bbc.co.uk/ethics/honourcrimes/crimesofhonour_1.shtml Ethics – Honour crimes]. BBC. Retrieved on 5 September 2013.</ref><ref>Pandey, Geeta. (16 June 2010) "[https://www.bbc.co.uk/news/10334529  Indian community torn apart by 'honour killings']". BBC News. Retrieved on 5 September 2013.</ref> In 2011 several people were sentenced to death by [[stoning]] after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan.<ref>{{cite web |url=http://www.huffingtonpost.com/2011/12/25/iran-stoning-woman-adultery_n_1169429.html |title=Iran Stoning: Woman To Be Executed For Adultery |website=HuffPost World |access-date=5 September 2013 |author1=Ali Akbar Dareini |date=Dec 25, 2011 |url-status=dead |archive-url=https://web.archive.org/web/20120624054510/http://www.huffingtonpost.com:80/2011/12/25/iran-stoning-woman-adultery_n_1169429.html |archive-date= Jun 24, 2012 }}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/8366197.stm |title=Somali woman stoned for adultery |work=BBC News |date=18 November 2009 |url-status=live |archive-url=https://web.archive.org/web/20230404013126/http://news.bbc.co.uk/2/hi/8366197.stm |archive-date= Apr 4, 2023 }}</ref><ref>{{cite news|author1=Tait, Robert  |author2=Hoseiny, Noushin  |name-list-style=amp |url=https://www.theguardian.com/world/2008/jul/21/iran.humanrights |title=Eight women and a man face stoning in Iran for adultery |work= The Guardian |date= 21 July 2008|location=London |url-status=live |archive-url=https://web.archive.org/web/20230404051247/https://www.theguardian.com/world/2008/jul/21/iran.humanrights |archive-date= Apr 4, 2023 }}</ref><ref>{{cite web |url-status=dead |url=http://www.foxnews.com/story/0,2933,479752,00.html |title=Two Men Stoned to Death for Adultery in Iran |archive-url=https://web.archive.org/web/20130527200840/http://www.foxnews.com/story/0,2933,479752,00.html |archive-date=27 May 2013 |website=Fox News |date=13 January 2009 |access-date=5 September 2013}}</ref><ref>{{cite news| url=https://www.bbc.co.uk/news/world-south-asia-10983494 | work=BBC News | title=Taliban 'kill adulterous Afghan couple' | date=16 August 2010 |url-status=live |archive-url= https://web.archive.org/web/20230729064841/https://www.bbc.co.uk/news/world-south-asia-10983494 |archive-date= Jul 29, 2023 }}</ref><ref>{{cite web |url=http://www.rawa.org/temp/runews/2011/01/27/woman-stoned-to-death-in-north-afghanistan.html |title=Woman stoned to death in north Afghanistan |website=RAWA News |access-date=5 September 2013 |date=January 27, 2011 |first1=Quentin |last1=Sommerville }}</ref><ref>{{cite news| url=https://www.theguardian.com/world/2012/may/31/sudanese-woman-stoning-death-adultery | location=London | work=The Guardian | first=David | last=Smith | title=Sudanese woman sentenced to stoning death over adultery claims | date=31 May 2012 |url-status=live |archive-url=https://web.archive.org/web/20230814130241/https://www.theguardian.com/world/2012/may/31/sudanese-woman-stoning-death-adultery |archive-date= Aug 14, 2023 }}</ref><ref>{{Cite web |last=Hoije |first=Katarina |date=2012-08-02 |title=Islamists: Two stoned to death for committing adultery in Mali |url=http://edition.cnn.com/2012/08/02/world/africa/mali-couple-stoned/index.html |website=CNN |language=en |url-status=live |archive-url=https://web.archive.org/web/20230924042456/https://edition.cnn.com/2012/08/02/world/africa/mali-couple-stoned/index.html |archive-date= Sep 24, 2023 }}</ref><ref>{{Cite news |last=Shah |first=Saeed |date=2010-07-18 |title=Pakistani couple face death by stoning threat after conviction for adultery |url=https://www.theguardian.com/world/2010/jul/18/couple-sentenced-pakistan |work=The Guardian |language=en-GB |issn=0261-3077 |url-status=live |archive-url= https://web.archive.org/web/20230530062444/http://www.theguardian.com/world/2010/jul/18/couple-sentenced-pakistan |archive-date= May 30, 2023 }}</ref> 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 [[Honour killing in Pakistan|Balochistan honour killings]] in which five women were killed by tribesmen of the [[Umrani|Umrani Tribe]] of [[Balochistan, Pakistan|Balochistan]], Pakistani Federal Minister for Postal Services [[Israr Ullah Zehri]] defended the practice; he said:<ref name="times">{{cite news |url=http://www.timesonline.co.uk/tol/news/world/asia/article4678530.ece |archive-url=https://web.archive.org/web/20110716093713/http://www.timesonline.co.uk/tol/news/world/asia/article4678530.ece |archive-date=2011-07-16 |url-status=unfit |title=Three teenagers buried alive in 'honour killings' |newspaper=[[The Times]] |location=London |first=Zahid |last=Hussain |author-link=Zahid Hussain (journalist) |date=5 September 2008 |url-access=subscription}}{{cbignore}}</ref> "These are centuries-old traditions, and I will continue to defend them. Only those who indulge in immoral acts should be afraid."<ref name="telegraph">{{cite news| url=https://www.telegraph.co.uk/news/worldnews/asia/pakistan/2660881/Pakistani-women-buried-alive-for-choosing-husbands.html |archive-url=https://ghostarchive.org/archive/20220110/https://www.telegraph.co.uk/news/worldnews/asia/pakistan/2660881/Pakistani-women-buried-alive-for-choosing-husbands.html |archive-date=10 January 2022 |url-access=subscription |url-status=live |title=Pakistani women buried alive 'for choosing husbands'|work=Telegraph | location=London | date=1 September 2008}}{{cbignore}}</ref>

====Sexual violence====
{{Main|Marital rape}}
An issue that is a serious concern regarding marriage and which has been the object of international scrutiny is that of [[marital rape|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.<ref>{{Cite web |last=Freedman |first=Estelle B. |date=2013-08-25 |title=Feminism's amazing achievement: Changing the conversation – and laws – about rape |url=https://www.salon.com/2013/08/25/how_feminism_redefined_rape/ |access-date=2022-10-11 |website=Salon |language=en}}</ref>

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 country|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.<ref name="Banerjee Rao 2022 pp. 11–13">{{cite journal | last1=Banerjee | first1=Debanjan | last2=Rao | first2=T. S. Sathyanarayana | title=The Dark Shadow of Marital Rape: Need to Change the Narrative | journal=Journal of Psychosexual Health | volume=4 | issue=1 | date=2022 | issn=2631-8318 | doi=10.1177/26318318221083709 | pages=11–13| doi-access=free }}</ref>

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]]<!---see specific example below--->, 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.<ref>{{cite news|url=https://www.bbc.co.uk/news/world-africa-17379721 |title=Morocco protest after raped Amina Filali kills herself |work=BBC News |date=15 March 2012 }}</ref>

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 [[Flagellation|flogging]]; as well as leniency towards punishment of violence related to infidelity (such as [[honor killing]]s).<ref>[[Domestic violence]] is today illegal in the [[Western World]], but this is not the case in many [[developing countries]]. In [[Jordan]], for instance, part of article 340 of the Penal Code states that "''he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty''. {{cite book|author1=Altstein, Howard  |author2=Simon, Rita James |name-list-style=amp |title=Global perspectives on social issues: marriage and divorce|publisher=[[Lexington Books]]|location=Lexington, Mass|year=2003|page=11|isbn=978-0-7391-0588-7}}</ref> In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition.<ref>[http://www.ipsnews.net/2012/10/adultery-laws-unfairly-target-women-u-n-says/ IPS – Adultery Laws Unfairly Target Women, U.N. Says | Inter Press Service]. Ipsnews.net (24 October 2012). Retrieved on 5 September 2013.</ref><ref name="ohchr.org">[http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&LangID=E DisplayNews]. Ohchr.org (18 October 2012). Retrieved on 5 September 2013.</ref> 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".<ref name="ohchr.org"/> Some human rights organizations argue that the criminalization of adultery also violates internationally recognized protections for private life, as it represents an arbitrary interference with an individual's privacy, which is not permitted under international law.<ref>[https://www.hrw.org/news/2009/10/11/indonesia-new-aceh-law-imposes-torture Indonesia: New Aceh Law Imposes Torture | Human Rights Watch]. Hrw.org (11 October 2009). Retrieved on 5 September 2013.</ref>

====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.<ref>[http://articles.cnn.com/2010-10-19/world/uae.court.ruling_1_islamic-law-sharia-law-ruling?_s=PM:WORLD Court in UAE says beating wife, child OK if no marks are left – CNN.com] {{webarchive|url=https://web.archive.org/web/20120325143850/http://articles.cnn.com/2010-10-19/world/uae.court.ruling_1_islamic-law-sharia-law-ruling?_s=PM%3AWORLD |date=25 March 2012 }}. Articles.cnn.com. Retrieved on 6 April 2013.</ref><ref>[https://www.amnesty.org/en/documents/afr55/006/2011/en/ Key human rights concerns highlighted by Amnesty International in advance of Swaziland's Universal Periodic Review hearing in October 2011]. Amnesty International</ref><ref>[http://www.unhchr.ch/tbs/doc.nsf/7cec89369c43a6dfc1256a2a0027ba2a/14366a04dd560e57c125729d006cd1ac/$FILE/N0322916.pdf Committee on the Elimination of Discrimination against Women, Twenty-eighth session], United Nations, 14 February 2003.</ref>

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,<ref>[http://www.tandf.co.uk/journals/explore/cmcf-vsi-women-in-france.pdf Women in France] {{webarchive|url=https://web.archive.org/web/20160304092212/http://www.tandf.co.uk/journals/explore/cmcf-vsi-women-in-france.pdf |date=4 March 2016 }}. Modern and Contemporary France, Taylor and Francis.</ref><ref>[http://www.parisvoice.com/-archives-97-86/282-frances-leading-women-show-the-way France's leading women show the way] {{webarchive|url=https://web.archive.org/web/20130728175142/http://www.parisvoice.com/-archives-97-86/282-frances-leading-women-show-the-way |date=28 July 2013 }}. Parisvoice.com. Retrieved on 6 April 2013.</ref><ref>[http://www.womeninworldhistory.com/TWR-07.html Lesson – The French Civil Code (Napoleonic Code) – Teaching Women's Rights From Past to Present]. Womeninworldhistory.com. Retrieved on 6 April 2013.</ref> and in [[West Germany]] women obtained this right in 1977 (by comparison women in [[East Germany]] had many more rights).<ref>Bennhold, Katrin (5 October 2010). [https://www.nytimes.com/2010/10/06/world/europe/06iht-letter.html?_r=1&pagewanted=all 20 Years After Fall of Wall, Women of Former East Germany Thrive], ''The New York Times''.</ref><ref>Trzcinski, Eileen and Holst, Elke (April 2010) [http://www.diw.de/documents/publikationen/73/diw_01.c.356386.de/dp998.pdf Gender Differences in Subjective Well-Being in and out of Management Positions], German Institute for Economic Research, Berlin.</ref> 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.<ref>[http://countrystudies.us/spain/43.htm Spain – Social Values And Attitudes]. Countrystudies.us. Retrieved on 6 April 2013.</ref>

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.<ref>[http://www.childinfo.org/attitudes_data.php Statistics by Area – Attitudes towards wife-beating – Statistical table] {{webarchive|url=https://web.archive.org/web/20140704112113/http://www.childinfo.org/attitudes_data.php |date=4 July 2014 }}. Childinfo.org. Retrieved on 6 April 2013.</ref> 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".<ref>{{cite web|url=http://www.childinfo.org/files/MICS_Afghanistan_2010-11.pdf|title=UNICEF Data|access-date=8 February 2013}}</ref>

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 [[Crime of passion|crimes of passion]] and being covered by legal defenses such as [[Provocation (legal)|provocation]] or defense of [[honor killing|family honor]].<ref>{{cite web|url=http://www.endvawnow.org/en/articles/738-decriminalization-of-adultery-and-defenses.html|title=Decriminalization of adultery and defenses|website=www.endvawnow.org}}</ref>

====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.<ref>{{Cite web |last=Collins |first=Jem |date=2018-07-25 |title=It's 2018 And You Still Don't Have A Right To Divorce |url=https://eachother.org.uk/divorce-right/ |access-date=2022-07-31 |website=EachOther |language=en}}</ref>

In the EU, the last country to allow divorce was [[Malta]], [[Maltese divorce referendum, 2011|in 2011]]. Around the world, the only countries to forbid divorce are [[Philippines]] and [[Vatican City]],<ref>{{cite web|url=http://edition.cnn.com/2014/10/06/world/asia/philippines-legal-divorce-battle/|title=The fight to make divorce legal in the Philippines |first=Sunshine|last=Lichauco de Leon|work=CNN |date=6 October 2014 |access-date=11 August 2021 }}</ref> although in practice in many countries which use a [[Divorce#At-fault divorce|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.<ref>{{cite journal |url=http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1828&context=faculty_scholarship |title=Feminism and Family Law |last=Bartlett |first=Katherine T. |date=1999 |journal=Family Law Quarterly |volume=33 |number=3 |pages=475–500}}</ref>

====Dowry and bridewealth====
[[File:Say no to dowry.jpg|thumb|Anti-dowry poster in [[Bangalore|Bangalore, India]]]]

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.<ref>{{cite web |url=http://econ.arts.ubc.ca/asiwan/siwan-jep2.pdf |title=The Economics of Dowry and Brideprice |website=econ.arts.ubc.ca |access-date=30 October 2012 |archive-url=https://web.archive.org/web/20160303210516/http://econ.arts.ubc.ca/asiwan/siwan-jep2.pdf |archive-date=3 March 2016  }}</ref> Bride price has also been criticized for contributing to [[child trafficking]] as impoverished parents sell their young daughters to rich older men.<ref>{{cite web|url=http://www.thefreelibrary.com/Human+rights+groups+ask+NWFP+Govt.+to+ban+%27bride+price%27+to+curb+women...-a0216984357 |title=Human rights groups ask NWFP Govt. to ban 'bride price' to curb women Trafficking |publisher=Thefreelibrary.com |date=18 January 2010 }}</ref> 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.<ref>{{cite web |author=iSite Interactive Limited |url=http://www.islandsbusiness.com/news/index_dynamic/containerNameToReplace=MiddleMiddle/focusModuleID=130/focusContentID=26256/tableName=mediaRelease/overideSkinName=newsArticle-full.tpl |archive-url=https://archive.today/20130126135528/http://www.islandsbusiness.com/news/index_dynamic/containerNameToReplace=MiddleMiddle/focusModuleID=130/focusContentID=26256/tableName=mediaRelease/overideSkinName=newsArticle-full.tpl  |archive-date=26 January 2013 |title=PNG Police blame bride price for violence in marriage |publisher=Islands Business |date=21 November 2011 }}</ref> The opposite practice of dowry has been linked to a high level of violence (see [[Dowry death]]) and to crimes such as [[extortion]].<ref>{{cite web|url=http://www.endvawnow.org/en/articles/830-addressing-dowry-related-violence-through-criminalization-of-dowry-demands.html |title=Addressing dowry-related violence through criminalization of dowry demands |publisher=Endvawnow.org }}</ref>

====Children born outside marriage====
{{Further|Legitimacy (family law)}}
[[File:TheOutcastRichardRedgrave.jpg|thumb|upright=1.35|''The Outcast'', by [[Richard Redgrave]], 1851. A patriarch casts his daughter and her illegitimate baby out of the family home.]]
[[File:Percentage of birth to unmarried women, selected countries, 1980 and 2007.png|upright=1.35|thumb|Percentage of births to unmarried women, selected countries, 1980 and 2007<ref name="non_mar1">{{cite web|url=https://www.cdc.gov/nchs/data/databriefs/db18.htm|title=Changing Patterns of Nonmarital Childbearing in the United States |website=CDC/National Center for Health Statistics|date=13 May 2009|access-date=24 September 2011}}</ref>]]
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 [[Bastard (law of England and Wales)|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.<ref>The 1997 Global Study on Family Values found that only 3% of respondents in Iceland, 8% in France, and 9% in Germany, thought that it was "wrong" to have a child outside marriage. [http://www.hi-ho.ne.jp/taku77/refer/valupoll.htm Global Study of Family Values. An International Gallup Poll. Family Values Differ Sharply Around the World]. hi-ho.ne.jp</ref><ref>In many parts of the world, especially in Muslim majority countries, children born outside marriage and their mothers face severe social and legal difficulties [https://web.archive.org/web/20130501013343/http://www.mrt-rrt.gov.au/CMSPages/GetFile.aspx?guid=91cf943a-3fa6-4fce-afec-4ab2c2a356fd Refugee Review Tribunal Australia]. mrt-rrt.gov.au. 21 April 2009.</ref>

The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents.<ref>[http://conventions.coe.int/Treaty/en/Treaties/Html/085.htm European Convention on the Legal Status of Children Born out of Wedlock]. Conventions.coe.int. Retrieved on 5 September 2013.</ref> 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."<ref>[http://conventions.coe.int/Treaty/en/Treaties/Html/085.htm Council of Europe – ETS no. 085 – European Convention on the Legal Status of Children Born out of Wedlock]. Conventions.coe.int. Retrieved on 5 September 2013.</ref>

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 law|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.<ref>[http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s69q.html Family Law Act 1975 – SECT 69Q Presumption of paternity arising from cohabitation]. Austlii.edu.au. Retrieved on 5 September 2013.</ref> 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 [[Child support|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 [[Halakha|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.<ref>[http://sim.law.uu.nl/SIM/CaseLaw/hof.nsf/d0cd2c2c444d8d94c12567c2002de990/db5e85a236de283dc1257803004974b7?OpenDocument ECHR : Anayo v. Germany Publication : [not yet received&#93;] {{webarchive |url=https://web.archive.org/web/20140226171503/http://sim.law.uu.nl/SIM/CaseLaw/hof.nsf/d0cd2c2c444d8d94c12567c2002de990/db5e85a236de283dc1257803004974b7?OpenDocument |date=26 February 2014 }}. Sim.law.uu.nl. Retrieved on 5 September 2013.</ref>

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;<ref>[https://www.gov.uk/parental-rights-responsibilities/what-is-parental-responsibility Parental rights and responsibilities]. GOV.UK (1 July 2013). Retrieved on 5 September 2013.</ref> 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).<ref>[http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/legal_guardianship_and_unmarried_couples.html Legal guardianship and cohabiting couples]. Citizensinformation.ie (8 March 2013). Retrieved on 5 September 2013.</ref>

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]], 55% for [[Mexico]].<ref>{{cite web|url=http://sustaindemographicdividend.org/articles/international-family-indicators/global-childrens-trends |title=Global Children's Trends &#124; The Sustainable Demographic Dividend |publisher=Sustaindemographicdividend.org }}</ref><ref>Joice Melo Vieira. [http://paa2013.princeton.edu/papers/131703 The Evolution of Births Outside of Marriage, Paternal Recognition and Children's Rights in Brazil] {{Webarchive|url=https://web.archive.org/web/20160304084714/http://paa2013.princeton.edu/papers/131703 |date=4 March 2016 }}. Department of Demography (IFCH) and Population Studies Center (Nepo), State University of Campinas</ref> In 2012, in the [[European Union]], 40% of births were outside marriage,<ref name="ec.europa.eu">{{cite web|url=http://ec.europa.eu/eurostat/tgm/table.do?tab=table&plugin=1&language=en&pcode=tps00018|title=Eurostat – Tables, Graphs and Maps Interface (TGM) table|website=ec.europa.eu}}</ref> and in the United States, in 2013, the figure was similar, at 41%.<ref>{{cite web|url=https://www.cdc.gov/nchs/fastats/births.htm|title=FastStats|date=8 August 2018|website=www.cdc.gov}}</ref> In the [[United Kingdom]] 48% of births were to unmarried women in 2012; in [[Republic of Ireland|Ireland]] the figure was 35%.<ref name="ec.europa.eu"/>

During the first half of the 20th century, unmarried women in some Western countries were coerced by authorities to give their children up for [[adoption]]. This was especially the case in Australia, through the [[forced adoption in Australia|forced adoptions in Australia]], with most of these adoptions taking place between the 1950s and the 1970s. In 2013, [[Julia Gillard]], then Prime Minister of Australia, offered a national apology to those affected by the forced adoptions.<ref>{{Cite web|url=https://www.ag.gov.au/About/ForcedAdoptionsApology/Pages/default.aspx|title=National Apology for Forced Adoptions|last=AGD|website=www.ag.gov.au|language=en-au|access-date=2019-07-01}}</ref><ref>{{cite news|url=https://www.bbc.com/news/av/world-asia-21872954/julia-gillard-sorry-for-shameful-forced-adoptions|title=Gillard sorry for forced adoptions|work=BBC News}}</ref>

Some married couples [[Voluntary childlessness|choose not to have children]]. Others are unable to have children because of [[infertility]] or other factors preventing [[Fertilisation|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 [[Bride price|bridewealth]] signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.<ref>{{cite journal|last=Bawah|first=AA.|author2=Akweongo P|author3=Simmons R|author4=Phillips JF.|title=Women's fears and men's anxieties: the impact of family planning on gender relations in northern Ghana|journal=Studies in Family Planning|volume=30|issue=1|pages=54–66|year=1999|url=http://www.popcouncil.org/pdfs/councilarticles/sfp/SFP301Bawah.pdf|doi=10.1111/j.1728-4465.1999.00054.x|pmid=10216896|hdl=2027.42/73927|hdl-access=free|access-date=11 January 2007|archive-date=14 October 2012|archive-url=https://web.archive.org/web/20121014212722/http://www.popcouncil.org/pdfs/councilarticles/sfp/SFP301Bawah.pdf|url-status=dead}}</ref>