the pastor of the parish or the local ordinary (the bishop of the diocese) or by the delegate of one of said witnesses, the marriage being invalid otherwise, even if witnessed by a Catholic priest.This ruling was not accepted in the newly Protestant nations of Europe, nor by Protestants who lived in Roman Catholic countries or their colonies, nor by Eastern Orthodox Christians. It is sometimes mistakenly claimed that before the Marriage Act 1753 cohabiting couples would enjoy the protection of a "common-law marriage". In fact, neither the name nor the concept of "common-law marriage" was known at this time. Far from being treated as if they were married, couples known to be cohabiting risked prosecution by the church courts for fornication. The Marriage Act 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the what became the United States and Canada. Although it is claimed that common-law marriage in the US originated in English common-law, this institution in the United States appears to have originated in the primitive conditions of colonial America where the presence of relatively few clerics or civil officials necessitated a substitute for ceremonial marriage, and the need expanded as the settlers moved into the sparsely populated regions of the West. In the United States, common-law marriages are still recognized in Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and the District of Columbia, (see Common-law marriage in the United States). All countries in Europe have now abolished "marriage by habit and repute", with Scotland being the last to do so in 2006. Australia has recognised de facto relationships since the Family Law Act of 2009. Marriage restrictions Marriage is an institution that is historically filled with restrictions. From age, to gender, to social status, various restrictions are placed on marriage by communities, religious institutions, legal traditions and states. Marriage age The minimum age at which a person is able to lawfully marry, and whether parental or other consents are required, vary from country to country. In the U.S the minimum age for marriage without parental and/or judicial approval is 18 except for Nebraska (19) and Mississippi (21); but most states allow exceptions to the general minimum age in some circumstances (see Marriage age in the United States). In England and Wales the general age at which a person may marry is