Twenty-five years of age constitutes a legal majority for both
sexes, after which marriage may be contracted at the pleasure of the
interested parties. A boy of twelve or a girl of fourteen years may
legally marry with the consent of parents or guardian. Once married
the law declares them of legal age.
Previous to the year 1885, marriage ceremonies were celebrated only
in the Catholic churches, which was recognized by the government as
legal. After a prolonged and bitter discussion, a law was passed on
January 10, 1884, requiring a civil registry of all births, deaths
and marriages, and which deprived the church of the right to legalize
marriages. This act, which went into effect January 1, 1885, recognizes
as legal only marriages solemnized by the “Oficial del Registro
Civil,” residing in the same municipality or sub-delegation as the
contracting parties. The ceremony must be witnessed by two or more
persons. Although a marriage ceremony performed by the priests has no
legal import or effect, women of the Catholic faith always demand it,
and most legal weddings are celebrated by two ceremonies. Even yet in
some instances the civil, or legal service is disregarded, and only the
church ceremony performed. Such marriages are not recognized in the
courts, however, and in case of inheritance by the children born of
such a union, they are barred from sharing in property rights.
There was much conflict and contention between Church and State during
the first few years of the civil registry law. The priests preached
violently against it, directing their efforts principally to the female
members, who are the loyal supporters of all church organizations, and
with whom they made the law offensive and objectionable, by refusing
in many instances confession and absolution to all those who were
married according to the civil law only. They were given the ultimatum
of defying the law of the land and accepting a church marriage
ceremony as binding, or excommunication. The result of these church
teachings was, that for several years after the law went into effect
most Catholics, and especially those representing the aristocracy,
were married by the church only, not realizing, apparently, the
complications that would result from such defiance of law, until their
children were declared illegitimate by the courts. This created a
dilemma, and a serious effort was made to legalize their marriages and
legitimatize their children by a repeal or modification of the law, but
without success. In the meantime the more radical members of the clergy
declared that it were better to live together as husband and wife under
sanction of the divine order, than to resort to civil marriage. As a
compromise members of the Catholic church are now married before the
“Registro Civil,” and afterwards in the Catholic church. But even now,
in the rural districts of Chile, many people are married by the church
only.
Public-domain text, read in full here on John Shaqi.
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