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Description: This collection comprises civil registers recording births, marriages, and deaths.
Summary of Marriage Records in the United States by State
Originally the registers were kept by each respective parish, church, synagogue, etc. In the s they were collected by the National Archives and made into this overarching collection. The collection is organized alphabetically by location, then by religious community. All Jewish registers held at the Cluj archives are described in detail below; please click on a title for more information.
Date: Format: Textual records.
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Extent: 40 linear meters. Language: Latin; German; Hungarian; Romanian.
The use of marriage bonds was especially common in the southern and mid-Atlantic states through the first half of the nineteenth century. In colonial Texas, where Spanish law required colonists to be Catholic, a marriage bond was used in a slightly different fashion—as a pledge to local authorities in situations where there was no Roman Catholic priest available that the couple agreed to have their civil marriage solemnized by a priest as soon as the opportunity came available. The purpose of a marriage license was to ensure that the marriage conformed to all legal requirements, such as both parties being of lawful age and not too closely related to one another.
The marriage was usually—but not always—performed within a few days after the granting of the license. In many localities both the marriage license and the marriage return see below are found recorded together. Marriage Application — In some jurisdictions and time periods, the law required that a marriage application to be filled out before a marriage license could be issued.
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In such situations, the application often required more information than was recorded on the marriage license, making it especially useful for family history research. Marriage applications may be recorded in separate books or might be found with the marriage licenses. The age at which an individual required consent varied by locality and time period, as well as whether they were male or female. Commonly, this might be anyone under the age of twenty-one; in some jurisdictions, lawful age was sixteen or eighteen, or even as young as thirteen or fourteen for females.
Most jurisdictions also had a minimum age, not allowing children under the age of twelve or fourteen to marry, even with parental consent.
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In some cases, this consent may have taken the form of a written affidavit, signed by the parent usually the father or legal guardian. Alternatively, the consent may have been given verbally to the county clerk in front of one or more witnesses, and then noted along with the marriage record.
Affidavits were also sometimes recorded to affirm that both individuals were of "legal age. Marriage Contract or Settlement — While much less common than the other marriage record types discussed here, marriage contracts have been recorded since colonial times. Similar to what we would now call a prenuptial agreement, marriage contracts or settlements were agreements made prior to marriage, most commonly when the woman-owned property in her own name or wished to ensure that property left by a former husband would go to his children and not the new spouse.
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Marriage contracts might be found filed among the marriage records, or recorded in the deed books or records of the local court. In areas governed by civil law, however, marriage contracts were much more common, used as a means for both parties to protect their property, regardless of their economic or social status.