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Since 1895 Hungary has an obligatory civil marriage regime (based on Act XXXI/1894). Since 1962, the separation of church and state is consequent in this regard as the civil wedding does not have to precede the church wedding, so one can enter a marriage in church without any consequences under the state law (in state law such couples may qualify as non-marital cohabitants). Prior to that, clergy assisting at weddings where the spouses had not undergone the civil marriage procedure committed a criminal offence – except in the case of life danger. Due to the strict separation, canonical or other religious marriage is not a subject of state law in Hungary. The recognition of religious/canonical weddings by state law was repeatedly brought in discussion but the strict separation of church and state has been upheld in this respect.

According to the Fundamental Law (Constitution) of Hungary, marriage is a bond between one man and one woman (Article L 1).

D 9 février 2021    ABalázs Schanda

CNRS Unistra Dres Gsrl

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