May I respond? Thank you and may you all have peace!
In the eyes of God, marriage has nothing to do with who you live with. It is about who you have JOINED with... by means of the flesh. Thus, the Most Holy One of Israel did not... and does not... require a document to indicate that a man and woman are married. In His eyes, once a man and woman join in flesh... i.e., have intercourse... they are considered "married." When Mary became pregnant with my Lord by means of holy spirit, she and Joseph were only "promised" in marriage because they had not yet had relations and consummated their union. Once a man and woman had intercourse, however... they were married. Because that is what "marriage" is: the bringing of two (whatever) together. The two... become one... flesh. Right then and there.*
[NOTE: (1) Yes, there may have been a marriage "ceremony"... but there was no need for a paper ackowledging anything, as once the groom took the bride into his house/chamber and closed the door, the assumption of intercourse was sufficient to establish a marriage. Some cultures even check/checked the bed/sheets/woman... to make sure. (2) Under the Old Law, divorce did require a "certificate"... so that the wife who was "loosed" could be free to remarry (the certificate indicated that she was no longer "bound" to the husband that gave it to her. Sort of like the papers given to U.S. slaves when they were freed by their masters).]
If you take that premise (marriage is simply the joining of the flesh)... add a bit of co-habitation time and some "holding out as being married"... you have what some U.S. states recognize as "common law" marriage... which does not require a document. The requirment of a written document, however, is something that became required by the "king" during the days of English feudal law. Then, non-property owners (i.e., serfs) simply lived together, had children, etc. (i.e., "common law") marriage. No paper was required but only recognition by the Church (via the local parish/priory), for those who recognized the Church... and/or the village/townfolk (for those who did not recognize the Church). (True, the Jews were required to register at the temple annually, but that was not with regard to marriage but tribal lineage and census.)
Things were different for landowners, however. Because all land ultimately belonged to the king, issues arose as to rights of devisement and inheritance. To ensure that land stayed within the kingdom only legitimate children were permitted to inherit (the king couldn't have his lords marrying the women of his enemies, resulting in the land passing on to the children of such unions, and thus enemy kingdoms). In order to be able to determine which children WERE legitimate, therefore, a certificate of marriage was required and issued to establish who the "wife" of the landowner was (because they ususally had relations with more than one woman, including many "beneath their station"). In order to get a certificate, the husband to be (and/or woman's father... or other male designee - uncle, brother, etc. - if the father were deceased) made a request to the king (or his designee, which sometimes was the church)... and if the king agreed, he signed and issued the certificate with his seal on it. Once the certificate was issued, any children resulting from the union were considered "legitimate" (i.e., legally recognized) and could inherit their father's land as a result.
Alternatively, if the king (or his designee) didn't agree to the union, NO "marriage" could take place. And the king might withhold his consent for a number of reasons, including but not limited to: preservation of the land within the kingdom - i.e., ensuring that it did not go to enemies; treaties/agreements with others for the woman's hand, to the benefit of the kingdom; insufficient dowry; and even personal reasons, such as vendettas, etc.). That didn't mean the couple couldn't SEE each other - indeed they not only could SEE each other, but even sleep with each other and produce children. They just could not "marry". (Note, some believe that this situation was the source of the word "fu_k" - meaning, "Fornication Under Consent of the King".) Because they did not have a LEGITIMATE union (i.e., one approved of and recognized by the king), however, the offspring of such union could never inherit the land (and in some instances, personal property). And this went on for centuries.
Problems began to arise, however, when (1) a property owner, wishing to circumvent inheritance laws, left property to his illegitimate child(ren)... by WILL... thus usurping the legal rights of any legitimate child(ren), and (2) the wife and/or her legitimate children brought suit in court as a result. The question then arose as to which should prevail: the laws of estate, which say anyone who owns land as a freehold estate can devise it to anyone they wish? The law of wills, which granted a person the right to leave his property and possessions to anyone he wished? Or the laws of inheritance, which granted the right of property inheritance soley to legitimate children? For some time the third ruled and so illegitimate children could NOT inherit.
Eventually, though, the common law courts decided (after many centuries) that illegitimate children not only could inherit if property were actually willed to them, but actually had certain inheritance rights even when property wasn't willed to them. Most of the states in the U.S. follow English common law in this regard and so legitimate AND illegitimate children have equal inheritance rights. The state of Louisana, however, follows French law and pursuant to that only legitimate children have inheritance rights as to land.
I hope this helps clarify... and, again, I bid you all peace!
A slave of Christ,
SA
*[It is the exact same premise with Christ and his Bride: an "intercourse" takes place... not with the flesh, but with the spirit... and so the two become one SPIRIT. That is what is meant when my Lord said, "THIS means everlasting life, their KNOWING you (in the way a man knows a woman) the True God... AND the One whom you sent forth. Those who belong to Christ KNOW him and he them... intimately... as a man knows a woman, intimately. It is the same word "know". And "through" knowing HIM... they know... and are known BY... the MOST Holy One of Israel, JAH of Armies. So that, as in the fleshly instance, no WRITTEN document is required but only a ratification of the Covenant between such one and God... by a "mixing" of "blood, water, and spirit" - the person's... with God's... through Christ... versus, in the instance of a man and woman, ratification of the "covenant" between them by a mixing of... well, I'm sure you don't need a full graphic... through their bodies...]