Marriage Licence

In England and Wales, the Church introduced the practice of "calling the banns" in 1215. This involved the public announcement of a forthcoming marriage in the couple's parish church for three Sundays, prior to the event, and gave an opportunity for any objections to the marriage to be voiced (for example, if one of the parties was already married). In the 14th century marriage licence was introduced, allowing this usual notice period to be waived, on payment of a fee and accompanied by a sworn declaration that there was no legal impediment to the marriage. A marriage licence was usually granted by an archbishop, bishop or archdeacon. There could be a number of reasons for a couple to obtain a marriage licence: they might wish to marry quickly (and avoid the three weeks' delay incurred by the calling of banns); they might wish to marry in a parish away from their home parish; or, because a marriage licence required payment, they might choose to obtain one as a status symbol.

There were two kinds of marriage licence that could be issued: the usual was known as a common marriage licence and named one or two parishes where the wedding could take place, within the jurisdiction of the person who issued the marriage licence. The other was the special marriage licence, which could only be granted by the Archbishop of Canterbury, or his officials, and allowed the marriage to take place in any church.

Since 1837, civil marriages have been a legal alternative to church marriages so, today, a couple has a choice between being married in the Anglican Church, after the calling of banns or obtaining a marriage licence, or else they can give "Notice of Marriage" to a civil registrar. In this latter case, the notice is publicly posted for 15 days, after which a civil marriage can take place. Marriages may take place in churches other than Anglican churches, but these are governed by civil marriage law and notice must be given to the civil registrar in the same way.

The marriage licence does not record the marriage itself, only the permission for a marriage to take place. Since 1837, the proof of a marriage has been by a marriage certificate, issued at the ceremony; before then, it was by the recording of the marriage in a parish register.

In the United States, every state issues its own marriage licence. After the marriage ceremony, both spouses and the officiant sign the marriage licence (some states require a witness). The officiant or couple then files for a certified copy of the marriage licence and a marriage certificate with the government.

The requirements for getting a marriage licence vary widely between governments. While many US states require a waiting period of 1 to 6 days, in Brazil, for example, the process can take 60 days. During this time the state conducts an investigation, which may include checking prior marriage records, analyzing any relationship between the fiancées, and checking each partner's blood to make sure they are not likely to produce diseased offspring due to both being likely to have the same recessive disease-causing gene, before producing the marriage licence.

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