Types of marriage.
The type and functions of marriage vary from culture to culture. In the
United States, Europe, and China in the early 21st century, legally sanctioned
marriages are monogamous (although some pockets of society still sanction
polygamy socially, if not legally) and divorce is relatively simple and socially
sanctioned. In the West, the prevailing view toward 34 marriage today is that it is
based on emotional attachment between the partners and entered into voluntarily.
In the Islamic world, marriage is sanctioned between a man and up to four
women. In Imperial China, formal marriage was sanctioned only between a man
and a woman, although a man could take several concubines and the children from
the union were considered legitimate.
Most societies permit Polygyny, in which a man could have multiple wives;
even in such societies however, most men have only one. In such societies, having
multiple wives is generally considered a sign of wealth and power. The status of
multiple wives has varied from one society to another. In Islamic societies, the
different wives were considered equal while in Imperial China, one woman was
considered the primary wife while the other women were considered concubines.
Among the upper classes, the primary wife was an arranged marriage with an
elaborate formal ceremony while the concubines were taken on later with minimal
ceremony.
There are also many monogamous societies, where a marriage consists of
only two people, a very few polyandrous, where a woman could have multiple
husbands. Societies which permit group marriage are extremely rare, but have
existed in utopian societies such as the Oneida Community.
However, in 21st century Western cultures, while bigamy and sexual
relations outside marriage is generally socially or legally frowned-upon, divorce
and remarriage has been relatively easy to undertake. This has lead to a practice
which some have called serial monogamy. In particular, some have argued that the
pattern of the rich divorcing their first wives and then taking on a trophy wife is
similar to patterns of polygamy in other societies.
Legally sanctioned marriages are generally conducted between heterosexual
couples, although there are countries that recognize same-sex marriage, including
The Netherlands, Belgium, Canada, and the American state of Massachusetts.
Denmark, Norway, Sweden, Finland, Greenland, Iceland, Germany, France, and
the American state of Vermont allow couples to enter legal partnerships, but these
partnerships are not considered marriages even if they bestow many of the same
legal benefits upon the couple.
Соснина, Е. П. Тематический сборник текстов для чтения (английский
язык): учебно-методическое пособие / Е. П. Соснина, Ю. В. Скоромолова. –
Ульяновск: УлГТУ, 2006. – 144 с.
Common-law marriage
In many jurisdictions, common-law marriage is a legal provision whereby
two people who are eligible to marry, but who do not obtain a legal marriage, are
nevertheless considered married under certain conditions. Typically, they are
deemed married after living together openly as a married couple under specified
conditions for a specified period of time. In other jurisdictions, the couple are
required to have actually stated their mutual intent to be presently married.
Depending on the jurisdiction, a common-law marriage may provide special
benefits, such as filiation and adoption, inheritance, and division of property. In
some cases the law will impose detriments upon the couple, for instance see rights
and responsibilities of marriages in the United States.
Australia
In Australia the term de facto marriage is used to refer to relationships
between nonmarried men and women who are in effect living as husband and wife
for a period of time. Many laws make provision for such relationships, such as
social support laws.
Canada
Canadian federal law does not have "common law marriage", but various
federal laws include "common law status," which automatically takes effect once
two people (of any gender) have lived together in a romantic relationship for one
full year. Partners may be eligible for various government benefits of married
spouses based upon their relationship with the individual who is eligible for some
type of family based benefit. As family law varies between provinces, there are
differences between the provinces regarding the recognition of common law
marriage.
In Ontario, a common law province, the Ontario Family Law Act
specifically recognizes common law spouses in sec. 29 dealing with spousal
support issues; the requirements are living together for three years or having a
child in common and having "cohabitated in a relationship of some permanence."
However, the part that deals with marital property excludes common law spouses
as sec. 2 defines spouses as those who are married together or who entered into a
void or voidable marriage in good faith. Thus common law partners do not always
evenly divide property in a breakup, and the courts have to look to concepts such
as the constructive or resulting trust to divide property in an equitable manner
between partners. Another difference that distinguishes common law 36 spouses
from married partners is that a common law partner can be compelled to testify
against his or her partner in a court of law.
In 1999, after the court case M. v. H., the Supreme Court of Canada decided
that same-sex partners would also be included in common law relationships.
Quebec, which unlike the other provinces has a Civil Code, has never
recognized common-law partnership as a kind of marriage. However, many laws in
Quebec explicitly apply to common-law partners (called "de facto unions" or
unions de fait) as they do to spouses. As in the other provinces, same-sex partners
may become common-law spouses in Quebec.
A recent amendment to the Civil Code of Quebec recognizes a type of
domestic partnership called civil union that is similar to common-law marriage and
is likewise available to same-sex partners.
England and Wales
The term "common law marriage" is frequently used in England and Wales,
however such a "marriage" is not recognised in law, and it does not confer any
rights or obligations on the parties. See also English Law. Genuine (that is, legal)
common-law marriage was abolished under the Marriage Act, 1753.
United States
Ten U.S. jurisdictions currently recognize common-law marriages. Where
the doctrine is recognized, generally if a couple lives together and are reputedly
married, a rebuttable presumption arises that they are husband and wife. This must
be proven via a three prong test. The three prongs are as follows:
1. They must hold each other out to society as husband and wife This cannot
be inadvertant or unintentional. This must be proved via name change, consistent
public address as the spouse, tax records,etc.
2. In some states a degree must be signed for an informal marriage to exist.
They must agree to be presently married. Agreement to be married in the future,
i.e. engagement, is proof that you are not currently married. The agreement is
known to the public.
3. They cohabitate for a significant period of time. Usually three years at a
minimum, this varies as a requirement due to various circumstances, death, etc.
If all three of the prongs are not met a marriage never existed.
Even in those jurisdictions where there is common-law marriage, there is no
such thing as a common-law divorce. This means that once a couple is married,
whether ceremonially through a wedding or informally through common law, a
divorce can only be dissolved through a court order. However, in some
jurisdictions there is a statute of limitations on certain types of lawsuits made
regarding a common law marriage. Where applicable, after the two parties have
separated and lived apart for this time period (possibly 1-2 years) a rebuttable
presumption is created that the two never agreed to be, and therefore never were,
married (for example Texas Family Code § 2.401).
Соснина, Е. П. Тематический сборник текстов для чтения (английский
язык): учебно-методическое пособие / Е. П. Соснина, Ю. В. Скоромолова. –
Ульяновск: УлГТУ, 2006. – 144 с.
