What Is Civil Marriage: Pros and Cons

Marriage is a legal contract that binds a couple together in many ways, some that are anticipated and some that may be unexpected. The institution also binds the state to provide certain benefits and to act on regulations that pertain to married couples. As in any legal contract, there are steps involved to enter as well as exit the arrangement.

There are different ways to get married but if executed properly, each result should be the same: legal marriage. 

What Is a Civil Ceremony?

A civil ceremony is performed by a government official rather than a religious figure. Because solemnizing a marriage is legally binding, the officiant – the person who performs the ceremony – is responsible for covering specific bases, such as:

• Checking identification to ensure both parties are of age
• Checking the marriage license to make sure it’s complete
• Administering the oath of marriage
• Making sure witnesses are present and recorded on the license
• Getting all of the necessary paperwork signed and documented.

Before a civil wedding can take place, a marriage license must be secured. Some people choose to have a brief civil ceremony performed in city hall immediately upon picking up their marriage license. These ceremonies have fewer of the bells and whistles – or lace and flowers – than an elaborate church or destination wedding.

What is a civil marriage? Marriage licenses have significantly more significant requirements than civil weddings. Most have a “cooling off period” that is between three days and two weeks long between the application and the ability to marry. To qualify for a marriage license, the couple must:

• Appear in person at the city clerk’s office
• Produce birth certificates 
• Certify that they are not married to anyone else.

Who Can Perform a Civil Ceremony?

Many city officials are qualified to perform marriages. And if a couple doesn’t bring their own witnesses, city hall is a busy place where secretaries and policemen may step in to sign the paperwork so the process is legal. Those who perform marriages include:

• Judges or magistrates
• City clerk or court clerk
• Notary public
• Justice of the peace.

Benefits of Civil Marriage

What is a civil marriage and what are the benefits? Civil marriage carries some security. After a couple is married, they can enjoy the tax benefits of filing jointly and often have more flexibility in healthcare options (choices of one another’s plans). Additionally, civil marriage provides a framework to safeguard yourself and deal with marriage debt, offering legal protections and responsibilities that can help navigate financial challenges together.

In addition, a married couple share:

• Equal ownership of property (unless the purchase agreement specifically excludes one)
• Equal parenting rights of offspring
• Healthcare decision-making
• Automatic beneficiary rights (unless someone else is specifically named).

Financial Benefits

Our society, tax, and legal systems encourage marriage by rewarding people financially for getting married. If one spouse has low income or poor credit they may still qualify for joint credit cards or loans by using their partner’s credit rating.

• When doing taxes, couples filing jointly are allowed a larger standard deduction and more tax credits.
• In addition, dual incomes mean investing larger sums which in turn earn more interest.
• When retired, spouses may benefit from one another’s contributions to social security by combining benefits.

Simplified Wedding Process

Civil marriages can save a couple a load of money over hosting hundreds of friends for an elaborate wedding. An average wedding costs $30,000, or about the same as a downpayment on a house.

After a civil ceremony, a couple may choose to have dinner at a restaurant with a few close friends to celebrate or have a picnic in a park.

Simple weddings avoid much of the stress that comes with big expensive events that the couple will continue paying for well into their first year together.

Flexibility in Customization

City officials who perform civil marriages don’t stand in the way of personalized vows or limit the attendance of friends regardless of religion or appearance. At the same time, a marriage at city hall can mean that strangers will wander in and take part without invitation. Some cities have a designated room for weddings but others may use an empty conference room.

Civil marriages complete the legal part of a wedding, clearing the way for any sort of celebration the couple desires. Afterward, some will go to a church or temple and have a religious ceremony with family and friends. Others may throw a wedding party of their weeks or months later, whenever it’s convenient and affordable.

Disadvantages of Civil Marriage

If a civil marriage is performed without a lot of planning or thought, it may be regretted. Civil marriage allows a couple to quickly tie the knot rather than spending time together to ensure they’re compatible. Conversely, religious weddings often require preparation classes with other couples, covering a curriculum of topics that elicit thought and conversation on significant issues. Unfortunately, it’s difficult to reverse any sort of formalized marriage – it requires another legal process called divorce.

Legal Obligations and Responsibilities

Marriage comes with legal obligations that bind each person regardless of their involvement, such as credit issues, property matters, and debt. It’s common for one spouse to spend money irresponsibly, obligating the other spouse to help pay the debt or suffer the pains of bad credit. Likewise, debt acquired in the names of both spouses, such as a second mortgage on a jointly owned property, is automatically the responsibility of both parties regardless of individual levels of involvement. 

Signing a jointly filed tax form without examining it often gets one spouse in trouble even if they were not the one who prepared the document. Cheating on taxes will sting both parties equally because the law treats the couple as a single entity.

Divorce and alimony or child support are issues that affect nearly half of all people who marry. The higher-earning spouse is generally responsible for providing some financial support to their estranged partner, and court officers also determine who gets custody and/or pays child support for dependents. Unmarried couples who have children together go through similar legal channels to sort out issues of custody and financial support. 

It's difficult to adequately emphasize the importance of knowing what one is getting into when getting married. The implications are lifelong, even if the marriage doesn’t last that long.

Limited Social Support

In the eyes of the law, people who marry in civil ceremonies are just as wed as those who spend a small fortune to gather all of their friends and family members together for a wedding bash. However, there can be subtle differences in the way people are treated. Those who are married quietly may not have their nuptials recognized as readily as church-wed folks. This leads to a lack of social support when there are issues, and can even mean being left out of family-centered events. Such snubs can cause the couple stress, leading to problems.

Complex Divorce Process

Divorce is rarely easy or enjoyable. Whether a couple is married in a religious or civil ceremony, divorce is the same: messy. Different types of divorce may offer varying degrees of complexity and emotional strain. To avoid the high cost of dueling attorneys and ugly confrontations, each should be honest and trustworthy as well as respectful to their spouse.

Few states make divorce easy. Nevada (Las Vegas) used to be the marriage and divorce capital but other states have more uniform processes, such as:

• Filing a complaint for divorce in the county where you were married or where you live
• Gathering financial documents to show assets and debts, particularly those that are held by both spouses jointly
• Attempting mediation to settle property and child custody issues and arrangements
• Applying for a court date to have a judge review the settlement agreement
• Waiting for the state-mandated post-court period to end before the divorce is final.

Cultural and Religious Considerations

America is a wonderful melting pot of ethnicities and religious beliefs, but those aspects of life may collide with reality when a couple with different backgrounds decides to marry. How will you handle religious holidays if one spouse’s family does not share the same beliefs? Will you raise a child in one spouse’s religion or the other’s?

Family members can exert pressure on a couple to continue traditional practices after marriage. If one spouse was not raised in the same culture these issues can splinter a relationship. It’s important to address and attempt to plan for these potential issues before entering marriage. Perhaps consulting a counselor who specializes in such issues can help.

Conclusion

Couples should engage in meaningful discussions, openly addressing their desires, concerns, and any cultural or legal concerns that are important to them. Ultimately, making an informed choice that aligns with their values and priorities is key to a successful and fulfilling marital journey.

FAQs

What is The Difference Between Civil Union And Marriage?

A civil union is a legally recognized partnership between two individuals that provides many of the same legal rights and benefits as marriage. However, it is distinct from marriage in that it may not carry the same social or religious connotations. Marriage, on the other hand, is often seen as a more traditional and culturally significant union, typically involving religious or ceremonial elements in addition to legal recognition.

What is a Civil Partnership Vs Marriage?

A civil partnership is a legally recognized relationship between two people, often with similar rights and obligations as marriage, depending on the jurisdiction. It is typically available to both same-sex and opposite-sex couples and may offer an alternative to marriage for those who prefer a non-traditional union or who are unable to legally marry due to legal restrictions or personal preferences. Marriage, on the other hand, is a culturally and socially recognized union between two individuals, often accompanied by religious or ceremonial elements in addition to legal recognition.

How Much Does a Civil Marriage Cost?

The cost of a civil marriage can vary depending on several factors, including the jurisdiction in which it takes place, any associated administrative fees, and whether additional services or ceremonies are included. In many cases, the cost of a civil marriage is relatively modest compared to a traditional wedding ceremony, as it typically involves only the necessary legal proceedings and documentation. However, couples should inquire with their local government or courthouse for specific pricing information.

Why Have a Civil Partnership Instead of Marriage?

There are several reasons why individuals may choose to enter into a civil partnership instead of marriage. Some may prefer the flexibility and legal protections offered by a civil partnership, which may be more tailored to their specific needs or circumstances. Additionally, for same-sex couples living in jurisdictions where marriage is not legally recognized or where there may be social or cultural barriers to marriage, a civil partnership may offer a viable alternative for establishing legal recognition and protection for their relationship. Ultimately, the decision to enter into a civil partnership instead of marriage is a personal one and may depend on individual preferences, beliefs, and legal considerations