While researching Mexican marriage records, have you ever wondered, “Why is there more than one marriage record, and why do they have different dates?”
Early Mexican marriages are primarily found in Catholic church records. Civil registration of births, marriages, and deaths began in the 1860s.
Many marriages in Mexico in the 1860s and later are found in both civil and church records, but typically with different dates.
Civil registration records will sometimes include more then one record for a couple. The first is usually a declaration of intention to marry followed, though not immediately, by the marriage contract.
Mexican Marriage Records as a Civil Contract
In Mexico, marriage is a civil contract and is not recognized legally when performed by a person acting in a religious office. While the 1917 Constitution of Mexico states that the sole authority of marriage was the government, it was established in the law of civil marriage (ley de matrimonio civil) dated 23 July 1859. This 1859 law outlines the marriage process as follows:
The couple presents themselves and declares their desire, intention, and ability to marry.
Notice of their intent to marry – including their names, ages, residences, and the names of their parents and grandparents – is posted in public places for 15 days so that anyone knowing of any reason they cannot marry can come forward.
If someone comes forward, their claim is investigated, and if legitimate, the marriage does not take place. If no legitimate reason is given or a reason is found fraudulent, then the marriage proceeds.
The couple meets with the civil authority to set the marriage’s place, date, and time.
On the day of the marriage, the bride and groom are again asked if they want to marry; if both do, the wedding occurs.
The couple and witnesses sign, which is recorded in the civil register.
After the marriage, the couple is free to be married in a church.
Although the law was made in the summer of 1859, it would only take effect in any given place once a local civil registration office was established. When the law was not in effect, marriages performed by religious authorities were recognized legally. It was not until the restoration of the republic in Mexico in 1867 that civil registration was enforced.
Typically, one will find both civil and church marriage records for a couple. The civil record will often be dated earlier than the church record, but the church record will occasionally be dated earlier.
Sometimes a marriage will not be found in civil records but will be found in church records. There are a couple of possible reasons for this. The civil registrar might not have made a record of the civil marriage. Particularly during the earlier years of civil registration, some civil registrars appeared to have accepted the church marriage and did not require the civil contract.
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