Marriage license

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Berlin 1858: A bourgeois father allows his son to marry a certain woman, sealed with a family coat of arms , officially documented

A marriage license is the consent of a third party to get married.

History shows different manifestations of the need for permission, also known as marriage licenses .

history

The consent expressed with the marriage license can be legally required or derived from claims to power. Feudal rulers as well as masters and employers claimed permission for themselves. Both the clarification of hierarchy and claims to power as well as the preservation of the quality of the profession have played a role.

In the Middle Ages, the magistrate, guild or guild only permitted marriage and founding a family to those who were able to maintain a family based on wealth or income ( see also: Marriage in the Middle Ages ).

In the 18th and 19th centuries, factory work was therefore not considered a sufficient basis for marriage. Marriage restrictions led to an increase in the age of marriage and an increase in the number of men and women remaining single. Also, births out of wedlock were not uncommon among the working class and in rural areas.

On January 1, 1876, freedom of marriage was fundamentally introduced by the “Law on the Notarization of Civil Status and Marriage ”. Only soldiers and some officials needed a marriage license. These exceptions were incorporated into the BGB in 1900 and into the German Marriage Act in 1938 . A new marriage law of 1946 abolished these exceptions.

Examples from the military sector

  • Austria-Hungary : For marriage permits for army officers wishing to marry, see marriage deposit .
  • Prussian Army : In order to get married, you had to have a marriage permit issued by your superior.
  • German Imperial Army : In order to get married, a marriage permit issued by a superior had to be available.
  • Wehrmacht : The members of the Wehrmacht needed the permission of their superiors to marry.
  • Federal : After former Federal Civil Service Act One was official marriage possible after six years of service and reaching 27 years of age. As opposition to this law soon arose, it was relaxed on September 28, 1953; the supervisor was able to issue a marriage permit.
  • Bundeswehr : The regulations adopted in 1958 were referred to in the troops as “marriage permits”.
  • Austria : In 1973, soldiers of the Federal Armed Forces who were obliged to marry required the permission of the Federal Ministry for National Defense before completing their third year of service.

Maritime

Consent to marriage could also be tied to the payment of taxes. The maritagium was a marriage at a hearing levy payable to the landlord.

See also

Individual evidence

  1. ^ Eleonora Kohler-Gehrig: The History of Women in Law (PDF; 241 kB), University of Public Administration and Finance Ludwigsburg, August 2007, p. 12
  2. ↑ Military Law of May 21, 1935. “Marriage Permit, Section 27: Members of the Wehrmacht require the permission of their superiors to marry.” The law was specified in the marriage regulations , and a. in the OKW decree of May 7, 1941 No. 2720/41. In no. 7. of the decree, marriage to foreign women was prohibited in principle. As an exception, the “... marriage with racially related persons of the Germanic neighboring peoples of Holland, Norway, Denmark etc. Sweden ... "called. In: Oertzenscher pocket calendar for army officers, 63rd edition, 1943, p. 342 ff, Verlag A. Waberg, Grimmen in Pommern.
  3. ↑ Decree of January 10, 1958 - Fü BI 4 - Az 35-05-01 (published in VMBl 1958 p. 95 under “Leadership and training - marriage of soldiers”). According to the decree, no. 4.a) had "[...] a soldier who intends to get married to report this to his next disciplinary superior no later than four weeks before ordering the call-up. [...] The report includes the bride's personal details and the intended date of the Indicate marriage. ”In para. 5. A special decree was announced “On the marriage of soldiers with foreign women ...”. The decree was repealed with VMBl 1974, p. 162 under "Inner Leadership"
  4. ↑ Section 39 of the Defense Act
  5. ↑ cf. Ernst Schubert : Introduction to the basic problems of German history in the late Middle Ages , Wissenschaftliche Buchgesellschaft, Darmstadt 1997, p. 77.