marriage law

marriage law
Body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages.

In western Europe most marriage law derives from Roman Catholic canon law. Though the church regards marriage as a sacred, indissoluble union, modern western European and U.S. marriage law treat it as a civil transaction. Marriage law allows only monogamous unions; partners must be above a certain age and not within prohibited degrees of blood relationship; and they must be free to marry and give consent to the marriage. Divorce is now almost universally allowed. Though Islamic law regards marriage as a contract between the two spouses for the "legalization of intercourse and the procreation of children," it is also considered a gift from God or a kind of service to God; the Islamic practice of polygamy was always limited and has waned. Polygamous marriages are permitted under customary laws in many African countries, though there has been a growing trend toward monogamy. Marriage law in present-day China and Japan resembles that in the West. Though most jurisdictions restrict marriage to a union between a man and a woman, same-sex marriages have been legalized in two countries, The Netherlands and Belgium, and in some Canadian provinces.

* * *

      the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages. marriage is a legally sanctioned union usually between one man and one woman. At the beginning of the 21st century, marriage between people of the same sex (same-sex marriage) was legally recognized in four countries: The Netherlands (Netherlands, The) (2001), Belgium (2003), Spain (2005), and Canada (2005). Civil unions or domestic partnerships between persons of the same sex, which entailed many of the rights and obligations assumed by married couples, were recognized in numerous other jurisdictions, including several European countries and some U.S. states. Other U.S. jurisdictions, while not recognizing civil unions or domestic partnerships, granted a range of legal rights to same-sex couples.

      Because marriage is viewed as a contractual agreement subject to legal processes, a newly married couple undergoes a radical change in their legal status. This change involves their assumption of certain rights and obligations to each other. In many societies, these obligations include living together in the same or nearby dwellings, the provision of domestic services such as child rearing, cooking, and housekeeping, and the provision of food, shelter, clothing, and other means of support. The rights of marriage include the shared ownership and inheritance of each other's property to varying degrees and, in monogamous marriages, the exclusive right to sexual intercourse with each other (see monogamy).

      These generalizations notwithstanding, every past or present society has had its own concept of marriage, and many have created marriage laws that reflect their particular cultural standards and expectations concerning the institution. Ancient Roman law recognized three forms of marriage. Confarreatio was marked by a highly solemnized ceremony involving numerous witnesses and animal sacrifice. It was usually reserved for patrician families. Coemptio, used by many plebeians, was effectively marriage by purchase, while usus, the most informal variety, was marriage simply by mutual consent and evidence of extended cohabitation. Roman law generally placed the woman under the control of her husband and on the same footing as children. Under Roman law no slave could contract marriage with either another slave or a free person, but the union of male and female slaves was recognized for various purposes.

      The canon law of the Roman Catholic church (Roman Catholicism) was the only law governing matrimonial relations between Christians in western Europe until the Reformation and still has considerable authority in some Roman Catholic countries. The church historically regarded marriage as a lifelong and sacred union that could be dissolved only by the death of one of the spouses. This exalted view of marriage envisaged the husband and wife as made of “one flesh” by the act of God, and marriage was thus transformed from a terminable civil contract under Roman law to a sacrament and a mystic union of souls and bodies never to be divided. In canon law the free and mutual consent of the parties was regarded as essential to marriage. Marriage was regarded as completed between baptized persons by consent and then consummation. Canon law held a marriage to be null and void in cases in which the parties were within prohibited degrees of close blood relationship ( consanguinity and affinity).

      Marriage law as it developed in England specified the requisites of marriage as being the following: each party shall have attained a certain age; each shall be sexually competent and mentally capable; each shall be free to marry; each shall give his or her consent to marry; the parties shall be outside the prohibited degrees of blood relationship to each other (consanguinity and affinity); and the marriage ceremony shall conform with the statutory formalities.

      The marriage law of most western European nations and that of the United States (which is itself based on English marriage law) is the product of canon law that has been greatly modified by the changed cultural and social conditions of modern industrialized and urbanized life. Modern marriage law regards marriage as a civil transaction and allows only monogamous unions. In general, the legal capacity of a person to marry is the same in most of the Western world and is subject only to impediments such as consanguinity and affinity, age limitations (which have been revised upward in most countries from a minimum of 12 years old or younger to between 15 and 21 years old), and restraints due to mental incapacity. In the United States the federal Defense of Marriage Act (1996) defines marriage as a legal union between one man and one woman only and allows states to refuse to recognize same-sex marriages performed in other states. Many U.S. states have passed laws similar to the Defense of Marriage Act or have amended their constitutions to the same effect.

       divorce is almost universally allowed, with restrictions on divorce undergoing gradual relaxation in Catholic countries. In Russia only registered civil marriage is recognized. Monogamy is strictly enforced there, and marriage must be completely voluntary between the parties, who must be over 18 years of age. Caste and social standing continue to influence the incidence of divorce in areas of South Asia.

      In Muslim countries of the Middle East, Asia, and North Africa, the prevailing Islamic law (Sharīʿah) regards marriage as a contract between the two spouses for the “legalization of intercourse and the procreation of children,” though it is always seen nonetheless as a gift from God or a kind of service to God. The terms of the marriage depend on the will of the consenting parties, and it may be constituted without any ceremonial. The essential requirement of marriage is offer and acceptance, expressed at one meeting. Islamic law has historically permitted the practice of limited polygamy, though it has been waning for some time in virtually all Muslim countries.

      Polygamous marriages are still permitted under customary laws in many African nations, but there is a growing tendency toward monogamy. Many developing nations in Africa and elsewhere are markedly different from Western nations in that there is no uniform marriage law. The regulation of marital relations is based either on religion or on the customary laws of the territory. This leads to a diversity of laws within one territorial unit and often gives rise to complex problems in the case of tribal, ethnic, or religious intermarriage.

      In Japan (Japanese law) polygamous marriage is prohibited, and age limits of 18 years for men and 16 years for women are specified before marriage can take place. Consanguinity to a close degree is prohibited, and all marriages must be registered in accordance with law. Polygamy is also forbidden in China (Chinese law). Formality in the marriage celebration has been abandoned, but the civil marriage must be duly registered to be valid.

* * *


Universalium. 2010.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Marriage law — For the social and interpersonal aspects of marriage, see Marriage. Family law …   Wikipedia

  • Marriage Law Project — The Marriage Law Project (MLP) is a public interest legal aid organization founded in 1996. It aims to reaffirm marriage as the union of one man and one woman. Its offices are located in the Columbus School of Law at The Catholic University of… …   Wikipedia

  • Marriage Law of the PRC (1 January 1981) and revisions (2001) — One of the major steps the PRC took to counter age old forces that undermine women’s status is the Marriage Law of 1950. It outlawed arranged marriages, concubinage, footbinding and child marriages, and provided greater access to divorce for… …   Encyclopedia of Contemporary Chinese Culture

  • Mesopotamian Marriage Law — Marriage Law in Ancient Mesopotamia very much resembled property law. As discerned from Hammurabi s Code, wives were bought and sold in a manner very much resembling slavery. The legal institution of marriage, its rules and ramifications, show… …   Wikipedia

  • New Marriage Law — The New Marriage Law (also First Marriage Law, Chinese: 新婚姻法; pinyin: Xīn Hūnyīn Fă) was a civil marriage law passed in the People s Republic of China on May 1, 1950. It was a radical change from existing patriarchal Chinese marriage traditions,… …   Wikipedia

  • marriage — mar·riage / mar ij/ n 1: the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law see also divorce 2: the ceremony… …   Law dictionary

  • marriage license — n: a written authorization for the marriage of a named man and woman that is granted by a legally qualified government official Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. marriage license …   Law dictionary

  • marriage certificate — n: a document which certifies that a marriage has taken place, which contains information (as time and place) about the ceremony, and which is signed by the parties, witnesses, and officiant Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • marriage, same-sex — n. A union between two men or two women who live together as spouses; not legally recognized by most states. See also domestic partner, marriage, common law The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy… …   Law dictionary

  • marriage settlement — n 1: antenuptial agreement 2: a written agreement regarding matters of support, custody, property division, and visitation upon a couple s divorce – called also marriage settlement agreement; Merriam Webster’s Dictionary of Law. Mer …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”