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Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
Critics of marriage argue that this institution represents a form of state sponsored discrimination, in a generalized way against people who do not marry, and in a particular way against certain racial or ethnic groups who are less likely to marry and more likely to have children outside marriage, such as African Americans in the US - by ...
Child marriage is a marriage or domestic partnership, formal or informal, usually between a child and an adult, but can also be between a child and another child. [ 1 ] Although the age of majority (legal adulthood ) and marriage age are typically 18 years old, these thresholds can differ in different jurisdictions . [ 2 ]
However, some states go further, e.g. in the United States, section 283 Second Restatement of Conflict of Laws provides: A marriage which satisfies the requirements of the state where the marriage was contracted will everywhere be recognized as valid unless it violates the strong public policy of another state which had the most significant ...
Because the term is open to interpretation by national courts, the Convention is not necessarily applied uniformly amongst the Contracting States. For example, although a plain-text reading of the convention seems to support the notion that a child is habitually resident in the state he or she lived in prior to abduction, some courts have ...
For instance, in 2017, Human Rights Watch pointed out that Afghanistan had a tougher law on child marriage than parts of the United States: in Afghanistan the minimum age of marriage is 15, and that is only with permission from their father or a judge; otherwise it is 16. [72]
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A child marriage is a marriage where one or both spouses are under the age of 18. [36] [37] It is related to child betrothal and teenage pregnancy. Child marriage was common throughout history, even up until the 1900s in the United States, where in 1880 CE, in the state of Delaware, the age of consent for marriage was 7 years old. [38]