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Proxy marriage

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A proxy wedding or proxy marriage is a wedding in which one or both of the individuals being united are not physically present, usually being represented instead by other persons (proxies). If both partners are absent, this is known as a double proxy wedding.

Marriage by proxy is usually resorted to in one of two situations: either a couple wish to marry but one or both partners cannot attend (for reasons such as military service, imprisonment, or travel restrictions); or a couple lives in a jurisdiction in which they cannot legally marry.

In most jurisdictions, the law requires that both parties to a marriage be physically present: proxy weddings are not recognized as legally binding. Under the English common law, however, if a proxy marriage is valid under the law of the place where the marriage was celebrated (the lex loci celebrationis) then it will be recognised as valid in England and Wales.[1][2]

History

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The Wedding by Proxy of Marie de' Medici to King Henry IV by Peter Paul Rubens (1622–25)
The wedding by proxy of Teresa Cristina of the Two Sicilies to Emperor Pedro II of Brazil, painted by Alejandro Ciccarelli, 1846

Early Modern

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See also: List of royal proxy marriages

Starting in the Middle Ages, European monarchs and nobility sometimes married by proxy; by the end of the 19th century the practice had largely died out.[3] One of the first known proxy marriages in Western history was between Clovis I King of the Franks and Clotilde, in 496.[4]

Some other examples are:

In 1282, Alfonso III of Aragorn married Eleanor of England (daughter of Edward I of England) by proxy; she was represented at the wedding by the English Ambassador Sir John de Vesci.[17] The couple were legally married, but never met, as Alfonso's parents Peter III of Aragon and Constance II of Sicily were under papal interdict because of their claims to the throne of Sicily. Edward refused to send his daughter from England as long as the interdict remained in place. Alfonso died in 1291 before the issue was resolved.[18]

In 1490, Maximilian of Habsburg (the future Holy Roman Emperor, Maximilian I) married Anne of Brittany by proxy; he was represented at the wedding by Wolfgang von Polheim.[19] As part of the symbolism of the proxy wedding, on the wedding night Polheim went to bed with Anne but wore a full suit of armour, covering all but his right leg and hand. A sword was placed between them in the bed.[20][21]

A famous 17th-century painting by Peter Paul Rubens depicts the proxy marriage of Marie de' Medici in 1600.[citation needed]

There are also examples of proxy marriages amongst South Asian royalty, such as Mirza Muhammad Sultan to Padishah Bibi, on 13 April 1656. In 1530, Maharana Ratan Singh II of Mewar Kingdom married a daughter of Raja Prithviraj Singh I of Amber. Singh's sword had been married as a proxy representing him, but the wedding was kept a secret. Hada prince Surajmal of Bundi was unaware and obtained her as his wife, causing unintended offence.[22]

19th century

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The Code Napoléon in Napoleonic France and Belgium did not prohibit marriage by proxy in express terms. Article 75 of the Code required the officer of the civil status to read to the parties documents required by law concerning the mutual rights and duties of husband and wife. French and Belgian writers maintained that in the absence of an express provision in the Code declaring a marriage by proxy void that a marriage so celebrated before an officer of the civil status must be deemed valid.[23]

In 19th century Italy, marriage by proxy was prohibited except with respect to the King and members of the Italian royal family.[23]

20th century

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In the early 20th century, many Japanese, Okinawan, and Korean bachelors who had emigrated to the United States of America found wives from their home country through family networks, with the help of a go-between (called a nakōdo (仲人) in Japanese and a jungmae jaeng-i in Korean), and the exchange of photographs. The women became known as "picture brides".[24] A proxy marriage would be performed with a stand in for the groom, which was considered official in the home countries. As soon as the women arrived in America, the couples were often compelled to marry again with mass wedding ceremonies held at the dock or in hotels.[25] Between 1907 and 1923, 14,276 Japanese picture brides and 951 Korean picture brides arrived in Hawaii.[26] The Japanese government stopped issuing passports to picture brides in the 1920s.[27]

During the First and Second World Wars, there were many proxy marriages between soldiers serving at the front and women back at home; they often participated in the wedding ceremony via telephone. During World War I, proxy marriage was permitted by law in Belgium (from 30 May 1916), Czechoslovakia, France (from 4 April 1915),[28] Germany, Italy (from 24 June 1915) and Norway.[23][29] During the World War 2, proxy marriages were common in the United States, United Kingdom, Soviet Union and Nazi Germany where obtaining leave to return home and marry was difficult or impossible.[30][31][32] During this period, Kansas City, Kansas, in particular was known for its permissive proxy-marriage laws; one lawyer in the city helped to arrange 39 proxy weddings.[33]

In the United Kingdom, proxy marriage was argued for in the House of Commons by Jennie Adamson in 1943.[29]

In Italy, between 1945 and 1976, 12,000 women were married by proxy to Italian Australian men; they would then travel to Australia to meet their new husbands.[34] This was encouraged by the Australian church and government to address an imbalance between the sexes.[35]

Today

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A unique "space wedding" took place on August 10, 2003, when Ekaterina Dmitriev, an American citizen living in the U.S. state of Texas, where the ceremony was performed, was married by proxy to Yuri Malenchenko, a cosmonaut who was orbiting the Earth in the International Space Station at the time.[36]

As of 2015, various Internet sites were offering to arrange proxy and double-proxy marriages for a fee, although the service can generally be set up by any lawyer in a jurisdiction that permits proxy marriage. Video conferencing allows couples to experience the ceremony together.[37]

Legality

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Gambia

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Proxy marriage is legal in The Gambia under sharia law.[38]

Germany

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Germany does not allow proxy marriages within its jurisdiction (§ 1311 BGB). It recognizes proxy marriages contracted elsewhere where this is possible, subject to the usual rules of private international law, unless the foreign law should be incompatible with German ordre public (art. 6 EGBGB): this is not the case with the marriage by proxy per se, but would be if, e. g., the proxy was held responsible for choosing the spouse without further asking rather than only contracting a marriage with a given spouse.[citation needed]

India

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Proxy marriages via video link are legal in India, including when the parties are in separate countries, provided witnesses are present.[39]

Pakistan

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Proxy marriages, including via the telephone, are legal in Pakistan. However, witnesses must be present and the marriage correctly registered.[40]

United Kingdom

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In 2014 it was reported that "proxy marriage misuse" was common in the UK, in which an EU citizen and non-EU citizen, both living in the UK, participated in a proxy marriage in an outside country. These were sham marriages which allowed one spouse to gain EU citizenship.[41] This was particularly the case with nikah marriages in Islam, which are conducted under Sharia (Islamic) law.[42][43]

Citizens Advice Scotland warns that "It may be extremely difficult to prove that a marriage by proxy is a valid marriage, both legally and for claiming benefits."[44]

United States

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In the United States, proxy marriages are provided for in law or by customary practice in Texas, Colorado, Kansas, and Montana.[45][46][47] Of these, Montana is the only state that allows double-proxy marriage.[48] Proxy marriages cannot be solemnized in any other U.S. states.[49]

In 1924, a federal court recognized the proxy marriage of a resident of Portugal, where proxy marriages were recognized at the time, and a resident of Pennsylvania, where common-law marriages could be contracted at the time.[50] The Portuguese woman was allowed to immigrate to the United States on account of the marriage, whereas she would have been inadmissible otherwise due to being illiterate.[50] Internet marriages have increased among some U.S. immigrant communities in recent years.[51]

During the early 1900s, United States proxy marriages increased significantly when many Japanese picture brides arrived at Angel Island, California. Since the early 20th century, it has been most commonly used in the United States for marriages where one partner is a member of the military on active duty.[52] In California, proxy marriage is only available to deployed military personnel. In Montana, a double-proxy marriage is available if at least one partner is either on active military duty or is a Montana resident.[48] In the United States if a proxy marriage has been performed in a state that legally allows it many states will recognize it fully or will recognize it as a common law marriage. An exception to this is the state of Iowa, where it is completely unrecognized.[53]

Religion

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Catholicism

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Catholic canon law permits marriage by proxy,[54] but requires officiants to receive authorization from the local ordinary before proceeding.[55]

Judaism

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Jewish law permits marriage by proxy. The process includes the groom sending the worth of a small denominational coin (שוה פרוטה), to the bride as discussed in Tractate Kiddushin Second Chapter. All Rabbis agree that it is preferable to betroth in person based on the dictum "It is more fitting that the mitzva be performed by the man himself than by means of his agent".[56] 

הָאִישׁ מְקַדֵּשׁ בּוֹ וּבִשְׁלוּחוֹ הָאִשָּׁה מִתְקַדֶּשֶׁת בָּהּ וּבִשְׁלוּחָהּ הָאִישׁ מְקַדֵּשׁ אֶת בִּתּוֹ כְּשֶׁהִיא נַעֲרָה בּוֹ וּבִשְׁלוּחוֹ

Translation: A man can betroth a woman by himself or by means of his agent. Similarly, a woman can become betrothed by herself or by means of her agent. A man can betroth his daughter to a man when she is a young woman, either by himself or by means of his agent. [57]

Islam

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Nikah marriages in Islam may be permitted by proxy, simply by both parties (or representatives on their behalf) exchanging declarations.[42][43]

Hinduism

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While not explicitly stated, a proxy marriage is generally not allowed in Hindu cultures due to the Saptapadi rite, where the bride and groom walk seven steps together in unison, with each step representing a vow.[58] Under the circumstances of a proxy marriage, this step would not be possible.

References

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  1. ^ Apt v Apt [1948] P 83; CB (Validity of marriage: proxy marriage) [2008] UKAIT 80
  2. ^ Christopher Clarkson and Jonathan Hill (2011). The Conflict of Laws (4th ed.). Oxford University Press. p. 21. ISBN 9780199574711.
  3. ^ Cafazzo, Debbie (1 June 2006). "Marriage by proxy used for ages". Tacoma News Tribune.[dead link‍]
  4. ^ Edwards, Karthryn Rae (2011). "Kicking the INA out of Bed: Abolishing the Consummation Requirement for Proxy Marriages". Hastings Women's Law Journal. 22: 55.
  5. ^ Hamilton, Bernard; Jotischky, Andrew (22 October 2020). Latin and Greek Monasticism in the Crusader States. Cambridge University Press. pp. 47, 126. ISBN 978-0-521-83638-8.
  6. ^ Norton, Elizabeth (15 June 2011). England's Queens: The Biography. Amberley Publishing Limited. p. vi. ISBN 978-1-4456-0989-8.
  7. ^ Carradice, Phil. "BBC - Wales History: Royal weddings - the Welsh connections". www.bbc.co.uk. Retrieved 21 December 2024.
  8. ^ a b Weir, Alison (18 April 2011). Britain's Royal Families: The Complete Genealogy. Random House. ISBN 978-1-4464-4911-0.
  9. ^ Kosior, Katarzyna (2019), Kosior, Katarzyna (ed.), "Royal Weddings: Protocol, Identity, and Emotion", Becoming a Queen in Early Modern Europe: East and West, Cham: Springer International Publishing, pp. 23–59, doi:10.1007/978-3-030-11848-8_2, ISBN 978-3-030-11848-8, retrieved 21 December 2024
  10. ^ Pinto, Carla Alferes (December 2020). "The Dais and the Artistic Objects in the Proxy Marriage of Infanta Beatrice of Portugal, Duchess of Savoy: Textiles, Ceremony, and Dissimilarity". The Sixteenth Century Journal. 51 (4): 1083–1109. doi:10.1086/SCJ5104006. ISSN 0361-0160.
  11. ^ Stevenson, David (1997). Scotland's Last Royal Wedding: The Marriage of James VI and Anne of Denmark. John Donald. ISBN 978-0-85976-451-3.
  12. ^ Gosman, Martin; Macdonald, Alasdair James; MacDonald, A. Alasdair A.; Vanderjagt, Arie Johan (1 January 2005). Princes and Princely Culture: 1450-1650. BRILL. p. 284. ISBN 978-90-04-13690-8.
  13. ^ Wolf, John B. (John Baptiste) (1968). Louis XIV. Internet Archive. New York : Norton. ISBN 978-0-393-07414-7.
  14. ^ Orr, Clarissa Campbell (12 August 2004). Queenship in Europe 1660-1815: The Role of the Consort. Cambridge University Press. ISBN 978-0-521-81422-5.
  15. ^ Fraser, Antonia (2001). Marie Antoinette : the journey. New York : N.A. Talese/Doubleday. pp. 51–53. ISBN 978-0-385-48948-5.
  16. ^ Macaulay, Neill (1986). Dom Pedro: The Struggle for Liberty in Brazil and Portugal, 1798-1834. Duke University Press. p. 53. ISBN 978-0-8223-0681-8.
  17. ^ Macdonald, Fiona (16 February 2012). Royal Weddings, A Very Peculiar History. pp. 37–39. ISBN 978-1-908759-76-4.
  18. ^ O'Callaghan, Joseph F. (1975). A history of medieval Spain. Ithaca: Cornell University Press. ISBN 0801408806.
  19. ^ Keen, Maurice (2012). "The Angevin Legacy, Dynastic Rivalry and the Aftermath of the Hundred Years War, 1453–1491". In Skoda, Hannah; Lantschner, Patrick; Shaw, R. L. J. (eds.). Contact and Exchange in Later Medieval Europe: Essays in Honour of Malcolm Vale. Boydell Press. p. 156. ISBN 978-1-84383-738-1.
  20. ^ Krause, Stefan, ed. (2019). Das Turnierbuch Kaiser Maximilians I. Taschen. p. 295. ISBN 978-3-8365-7681-9.
  21. ^ Zwiedineck-Südenhorst, Hans von (1888). "Polheim, Wolfgang Freiherr von". In Liliencron, Rochus von (ed.). Allgemeine Deutsche Biographie. Vol. 26. Duncker & Humblot via Deutsche Biographie. p. 822.
  22. ^ Singh, Sabita (22 August 2019), "Interpretation of Marriage Rituals in Medieval Rajasthan", The Politics of Marriage in Medieval India, Oxford University Press, pp. 85–157, doi:10.1093/oso/9780199491452.003.0003, ISBN 978-0-19-949145-2, retrieved 21 December 2024
  23. ^ a b c Lorenzen, Ernest G. (1919). "Marriage by Proxy and the Conflict of Laws". Harvard Law Review. 32 (5): 473–488. doi:10.2307/1327924. ISSN 0017-811X.
  24. ^ Cott, Nancy F. (2000). Public vows : a history of marriage and the nation. Harvard University Press. pp. 151–155. ISBN 978-0-674-00320-0.
  25. ^ Niiya, B. (Ed.). (2001). Encyclopedia of Japanese American history updated edition: An a-z reference from 1868 to the present. New York: Japanese American National Museum. p. 334.
  26. ^ Takaki, R. (1983). Pau hana: Plantation life and labor in Hawaii 1835–1920. University of Hawaii Press. p. 123.
  27. ^ Lee, Catherine (13 March 2003). "Prostitutes and Picture Brides: Chinese and Japanese Immigration, Settlement, and American Nation-Building, 1870-1920". UC San Diego: Center for Comparative Immigration Studies: 36.
  28. ^ "Private Life (France) | International Encyclopedia of the First World War (WW1)". encyclopedia.1914-1918-online.net.
  29. ^ a b Adamson, Jennie, Member of Parliament (30 June 1943). "Marriage By Proxy". Parliamentary Debates (Hansard). Vol. 390. United Kingdom: House of Commons. col. 1743–1752.
  30. ^ Moore, Marvin M. (1962). "The Case for Marriage by Proxy" (PDF). 11 Clev.-Marshall L. Rev. 313 – via core.ac.uk.
  31. ^ Bradway, John S. "Legalizing Proxy Marriages" (PDF). The University of Kansas City Law Review.
  32. ^ Meloy, Maile (21 May 2012). "The Proxy Marriage". The New Yorker.
  33. ^ "WW2 Proxy Marriage Story | Proxy Marriage Trivia 1945 | Kansas Proxy Marriage Laws During WW2". www.oldmagazinearticles.com.
  34. ^ "Until we meet again: An Italian proxy bride's story". Australian National Maritime Museum.
  35. ^ Paganoni, Anthony (2007). The Pastoral Care of Italians in Australia: Memory and Prophecy. Connor Court Publishing Pty Ltd. pp. 66–67. ISBN 978-1-921421-01-3.
  36. ^ "From Russia With Love". H Texas magazine. Archived from the original on 1 November 2006. Retrieved 27 March 2007.
  37. ^ Christenson, Sig (1 January 2010). "With this Skype, I thee wed". San Antonio Express-News. Archived from the original on 17 January 2010. Retrieved 8 January 2010.
  38. ^ "Do You Have to Actually be Present on Your Wedding Day in The Gambia? | In Custodia Legis: Law Librarians of Congress". blogs.loc.gov. 7 October 2014.
  39. ^ Chandar, B. Tilak (29 July 2022). "Bride in India to marry groom in U.S. virtually, courtesy Madras High Court". The Hindu. Retrieved 13 October 2023.
  40. ^ "Pakistan: Whether a marriage that is performed over the telephone is legally recognized in Pakistan; if so, the conditions that must be fulfilled and the procedure that must be followed for such a marriage to be valid and legal; whether a marriage that is performed over the telephone, where the bride is in Montreal, the groom is in New York and the witnesses and everyone else associated with the wedding is in Pakistan, is legal; if so, the location that would be entered into the Nikah Nama, or marriage certificate, as the place of marriage". Immigration and Refugee Board of Canada. United Nations High Commissioner for Refugees. 31 August 2004 – via Refworld.
  41. ^ "Immigration inspector warns of rise in proxy marriage misuse". The Guardian. 19 June 2014.
  42. ^ a b Edge, Ian (2013). "Islamic finance, alternative dispute resolution and family law: developments towards legal pluralism?". Islam and English Law: Rights, Responsibilities and the Place of Shari'a. Cambridge University Press. pp. 116–143. ISBN 978-1-107-02164-8.
  43. ^ a b Nash, Patrick S (1 October 2017). "Sharia in England: The Marriage Law Solution". Oxford Journal of Law and Religion. 6 (3): 523–543. doi:10.1093/ojlr/rwx052.
  44. ^ "Getting married". www.citizensadvice.org.uk.
  45. ^ "Proxy Marriage and US Immigration Laws – Marriage By Proxy". marriagebyproxy.com. S&B Inc. Archived from the original on October 3, 2010.
  46. ^ Barry, Dan. "Trading Vows in Montana, No Couple Required". The New York Times. March 10, 2008.
  47. ^ [1] Archived April 25, 2010, at the Wayback Machine
  48. ^ a b "Section 40-1-301". Montana Code Annotated 2015. Montana Legislative Services. Accessed on May 19, 2016.
  49. ^ "No Marriage By Proxy in Missouri". stlouiscityrecorder.org. Archived from the original on 28 August 2018. Retrieved 19 July 2012.
  50. ^ a b "Alien's Marriage by Proxy Held to Give Alien Woman Status of "Wife"". Virginia Law Register. 10 (7): 516–520. November 1924. doi:10.2307/1107813. JSTOR 1107813.
  51. ^ Nir, Sarah Maslin (6 March 2013). "You May Now Kiss the Computer Screen". The New York Times. Retrieved 13 October 2023.
  52. ^ "Another Effect of Covid: Thousands of Double Proxy Weddings". The NY Times. 15 December 2020. Retrieved 15 December 2020.
  53. ^ "Where You Can Have a Proxy Marriage". The Spruce. Retrieved 29 April 2019.
  54. ^ "Canon 1105", Code of Canon Law, 1983, retrieved 22 November 2022
  55. ^ "Canon 1071", Code of Canon Law, 1983, retrieved 22 November 2022
  56. ^ "Kiddushin 41a:4".
  57. ^ "Kiddushin 41a:3".
  58. ^ Patyal, Hukam Chand (March 1976). "The Saptapadī Rite". Bulletin of the Deccan College Post-Graduate and Research Institute. 35 (3/4): 104–112. JSTOR 42930029.
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