clandestine marriage

The term "clandestine" refers to something undertaken or done to escape being observed or known by others, meaning it is secret or covert. In the context of marriage law, clandestine marriages were historically significant, particularly when women had limited rights to own or manage property. These marriages could be established through mutual consent, engagement followed by sexual intercourse, or by community reputation.12

Modern marriage laws were introduced to prevent clandestine marriages. These laws often require licenses, publication of banns, parental consent for minors, and public registration of marriages to ensure transparency and public interest. The economic advantages of clandestine marriages have diminished with the emancipation of women, though some legislation stemming from this issue remains on the books.2