Marriage by proxy is a traditional but uncommon form of marriage where one person is absent and represented by someone else. It is not legal in many regions due to the potential for abuse of immigration laws. Only a few US states allow it, and couples should consult a lawyer before planning one. Some argue that technology makes it unnecessary for both people to be present for a wedding ceremony.
Marriage by proxy is a historically traditional but unusual type of marriage. The average wedding ceremony depends on the couple’s physical presence, pledging to each other, and signing the necessary documents. Marriage by proxy eliminates the need for at least one member of the couple to participate in the marriage. Instead, someone poses as an attorney or representative of the missing boyfriend. This form of marriage is not legal in many regions, even with an illustrious historical precedent.
From Napoleon to many of the early 20th century Japanese brides who immigrated to the United States, having already been married by proxy to their husbands, the idea of a stand in or representative has been around for a while. It is not favored in many places because these marriages could abuse immigration laws.
It is quite easy to arrange a proxy marriage between two people who have never met and never intend to live together in order to gain citizenship status. Today, even a hint of a proxy marriage for this purpose risks nullifying the marriage. Additionally, only a handful of U.S. states, such as California, Montana, and Texas, have laws that approve these marriages to be valid, as long as they aren’t immigration abusers.
This does not mean that marriage initiated by proxy is not recognized in other states, although there may be some debate on this point. Most of the time, this marriage is considered legal. This means that people could travel to states or countries where these marriages are allowed if needed. One of the most obvious uses of proxy marriage is for members of the military who literally cannot leave to go home and get married. In these cases, if a couple really wants a wedding to take place, they could arrange it in a state or country that allows proxy marriages.
In an even more unusual case, people may have a double proxy marriage, where both members of the couple have a representative. This variation is usually not legal, although in places like the United States, Montana allows double marriage by proxy, and is the only state to do so. Couples should check that such a marriage would be recognized in other states.
Those considering proxy marriage should ensure that the area they live in recognizes marriage, even if conducted in a region where it is legal. It is advisable to consult a lawyer before planning one of these weddings. It is especially important to consult the legality of any of these marriages offered online.
Many argue that these weddings should always be legal, and technology like the internet makes having a bride and groom in the same room an unnecessary obstacle to having a wedding ceremony. Both can pronounce vows and talk to others with a variety of software. With the convenience of a fax, the signature of the missing spouse and any witness signatures can arrive within seconds of signing the marriage papers. Therefore, people question the need or requirement of both people to be present to legitimize a wedding ceremony.
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