marital property regime

Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding.

Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arranged marriage, child marriage, polygamy, and forced marriage are practiced. In other areas, such practices are outlawed to preserve women's rights or children's rights (both female and male) or as a result of international law. In some parts of the world, marriage has historically restricted the rights of women, who are (or were) considered the property of the husband. Around the world, primarily in developed democracies, there has been a general trend towards ensuring equal rights for women within marriage (including abolishing coverture, liberalizing divorce laws, and reforming reproductive and sexual rights) and legally recognizing the marriages of interfaith, interracial/ interethnic/inter-caste and same-sex couples. Controversies continue regarding the legal status of married women, leniency towards violence within marriage, customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of premarital and extramarital sex. Female age at marriage has proven to be a strong indicator for female autonomy and is continuously used by economic history research.

Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community, or peers. It is often viewed as a contract. A religious marriage is performed by a religious institution to recognize and create the rights and obligations intrinsic to matrimony in that religion. Religious marriage is known variously as sacramental marriage in Catholicism, nikah in Islam, nissuin in Judaism, and various other names in other faith traditions, each with their own constraints as to what constitutes, and who can enter into, a valid religious marriage.

Etymology

The word "marriage" derives from Middle English ''mariage'', which first appears in 1250–1300 CE. This, in turn, is derived from Old French, ''marier'' (to marry), and ultimately Latin, ''marītāre'', meaning to provide with a husband or wife and ''marītāri'' meaning to get married. The adjective ''marīt-us -a, -um'' meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife".Oxford English Dictionary 11th Edition, "marriage" The related word "matrimony" derives from the Old French word ''matremoine'', which appears around 1300 CE and ultimately derives from Latin ''mātrimōnium'', which combines the two concepts: ''mater'' meaning "mother" and the suffix -''monium'' signifying "action, state, or condition".

Definitions

Anthropologists have proposed several competing definitions of marriage in an attempt to encompass the wide variety of marital practices observed across cultures. Even within Western culture, "definitions of marriage have careened from one extreme to another and everywhere in between" (as Evan Gerstmann has put it).

Relation recognized by custom or law

In ''The History of Human Marriage'' (1891), Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring." In ''The Future of Marriage in Western Civilization'' (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".

Legitimacy of offspring

The anthropological handbook ''Notes and Queries'' (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners." In recognition of a practice by the Nuer people of Sudan allowing women to act as a husband in certain circumstances (the ghost marriage), Kathleen Gough suggested modifying this to "a woman and one or more other persons." Nuer female-female marriage is done to keep property within a family that has no sons. It is not a form of lesbianism.

In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense. The husband role, unitary in the west, was instead divided between a non-resident "social father" of the woman's children, and her lovers, who were the actual procreators. None of these men had legal rights to the woman's child. This forced Gough to disregard sexual access as a key element of marriage and to define it in terms of legitimacy of offspring alone: marriage is "a relationship established between a woman and one or more other persons, which provides a child born to the woman under circumstances not prohibited by the rules of relationship, is accorded full birth-status rights common to normal members of his society or social stratum."

Economic anthropologist Duran Bell has criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy. He argued that a legitimacy-based definition of marriage is circular in societies where illegitimacy has no other legal or social implications for a child other than the mother being unmarried.

Collection of rights

Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. In a 1955 article in ''Man'', Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures. Those rights, according to Leach, included:
# "To establish a legal father of a woman's children.
# To establish a legal mother of a man's children.
# To give the husband a monopoly in the wife's sexuality.
# To give the wife a monopoly in the husband's sexuality.
# To give the husband partial or monopolistic rights to the wife's domestic and other labor services.
# To give the wife partial or monopolistic rights to the husband's domestic and other labor services.
# To give the husband partial or total control over property belonging or potentially accruing to the wife.
# To give the wife partial or total control over property belonging or potentially accruing to the husband.
# To establish a joint fund of property – a partnership – for the benefit of the children of the marriage.
# To establish a socially significant 'relationship of affinity' between the husband and his wife's brothers."

Right of sexual access

In a 1997 article in ''Current Anthropology'', Duran Bell describes marriage as "a relationship between one or more men (male or female) in severalty to one or more women that provides those men with a demand-right of sexual access within a domestic group and identifies women who bear the obligation of yielding to the demands of those specific men." In referring to "men in severalty", Bell is referring to corporate kin groups such as lineages which, in having paid bride price, retain a right in a woman's offspring even if her husband (a lineage member) deceases ( Levirate marriage). In referring to "men (male or female)", Bell is referring to women within the lineage who may stand in as the "social fathers" of the wife's children born of other lovers. (See Nuer " ghost marriage".)

Types

Monogamy

Monogamy is a form of marriage in which an individual has only one spouse during their lifetime or at any one time (serial monogamy).

Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas found a strong correlation between intensive plough agriculture, dowry and monogamy. This pattern was found in a broad swath of Eurasian societies from Japan to Ireland. The majority of Sub-Saharan African societies that practice extensive hoe agriculture, in contrast, show a correlation between "bride price" and polygamy. A further study drawing on the Ethnographic Atlas showed a statistical correlation between increasing size of the society, the belief in "high gods" to support human morality, and monogamy.

In the countries which do not permit polygamy, a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy. In all cases, the second marriage is considered legally null and void. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.

Serial monogamy

Governments that support monogamy may allow easy divorce. In a number of Western countries, divorce rates approach 50%. Those who remarry do so usually no more than three times. Divorce and remarriage can thus result in "serial monogamy", i.e. having multiple marriages but only one legal spouse at a time. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried partners. In all, these account for 16 to 24% of the "monogamous" category.

Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, may remain an active part of her "ex-husband's" or "ex-wife's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" – a number of households tied together in this way, including mobile children (possible exes may include an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married or divorced.

Polygamy

Polygamy is a marriage which includes more than two spouses. When a man is married to more than one wife at a time, the relationship is called polygyny, and there is no marriage bond between the wives; and when a woman is married to more than one husband at a time, it is called polyandry, and there is no marriage bond between the husbands. If a marriage includes multiple husbands or wives, it can be called group marriage.

A molecular genetic study of global human genetic diversity argued that sexual polygyny was typical of human reproductive patterns until the shift to sedentary farming communities approximately 10,000 to 5,000 years ago in Europe and Asia, and more recently in Africa and the Americas. As noted above, Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas found that the majority of Sub-Saharan African societies that practice extensive hoe agriculture show a correlation between "Bride price" and polygamy. A survey of other cross-cultural samples has confirmed that the absence of the plough was the only predictor of polygamy, although other factors such as high male mortality in warfare (in non-state societies) and pathogen stress (in state societies) had some impact.

Marriages are classified according to the number of legal spouses an individual has. The suffix "-gamy" refers specifically to the number of spouses, as in bi-gamy (two spouses, generally illegal in most nations), and poly-gamy (more than one spouse).

Societies show variable acceptance of polygamy as a cultural ideal and practice. According to the Ethnographic Atlas, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny, and 4 had polyandry.''Ethnographic Atlas Codebook''
derived from George P. Murdock's ''Ethnographic Atlas'' recording the marital composition of 1231 societies from 1960 to 1980 However, as Miriam Zeitzen writes, social tolerance for polygamy is different from the practice of polygamy, since it requires wealth to establish multiple households for multiple wives. The actual practice of polygamy in a tolerant society may actually be low, with the majority of aspirant polygamists practicing monogamous marriage. Tracking the occurrence of polygamy is further complicated in jurisdictions where it has been banned, but continues to be practiced (''de facto polygamy'').

Zeitzen also notes that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development." Polygamy has been condemned as being a form of human rights abuse, with concerns arising over domestic abuse, forced marriage, and neglect. The vast majority of the world's countries, including virtually all of the world's developed nations, do not permit polygamy. There have been calls for the abolition of polygamy in developing countries.

Polygyny

Polygyny usually grants wives equal status, although the husband may have personal preferences. One type of de facto polygyny is concubinage, where only one woman gets a wife's rights and status, while other women remain legal house mistresses.

Although a society may be classified as polygynous, not all marriages in it necessarily are; monogamous marriages may in fact predominate. It is to this flexibility that Anthropologist Robin Fox attributes its success as a social support system: "This has often meant – given the imbalance in the sex ratios, the higher male infant mortality, the shorter life span of males, the loss of males in wartime, etc. – that often women were left without financial support from husbands. To correct this condition, females had to be killed at birth, remain single, become prostitutes, or be siphoned off into celibate religious orders. Polygynous systems have the advantage that they can promise, as did the Mormons, a home and family for every woman."

Nonetheless, polygyny is a gender issue which offers men asymmetrical benefits. In some cases, there is a large age discrepancy (as much as a generation) between a man and his youngest wife, compounding the power differential between the two. Tensions not only exist ''between'' genders, but also ''within'' genders; senior and junior men compete for wives, and senior and junior wives in the same household may experience radically different life conditions, and internal hierarchy. Several studies have suggested that the wive's relationship with other women, including co-wives and husband's female kin, are more critical relationships than that with her husband for her productive, reproductive and personal achievement. In some societies, the co-wives are relatives, usually sisters, a practice called ''sororal polygyny''; the pre-existing relationship between the co-wives is thought to decrease potential tensions within the marriage.

Fox argues that "the major difference between polygyny and monogamy could be stated thus: while plural mating occurs in both systems, under polygyny several unions may be recognized as being legal marriages while under monogamy only one of the unions is so recognized. Often, however, it is difficult to draw a hard and fast line between the two."

As polygamy in Africa is increasingly subject to legal limitations, a variant form of ''de facto'' (as opposed to legal or ''de jure'') polygyny is being practiced in urban centers. Although it does not involve multiple (now illegal) formal marriages, the domestic and personal arrangements follow old polygynous patterns. The de facto form of polygyny is found in other parts of the world as well (including some Mormon sects and Muslim families in the United States).
In some societies such as the Lovedu of South Africa, or the Nuer of the Sudan, aristocratic women may become female 'husbands.' In the Lovedu case, this female husband may take a number of polygamous wives. This is not a lesbian relationship, but a means of legitimately expanding a royal lineage by attaching these wives' children to it. The relationships are considered polygynous, not polyandrous, because the female husband is in fact assuming masculine gendered political roles.

Religious groups have differing views on the legitimacy of polygyny. It is allowed in Islam and Confucianism. Judaism and Christianity have mentioned practices involving polygyny in the past, however, outright religious acceptance of such practices was not addressed until its rejection in later passages. They do explicitly prohibit polygyny today.

Polyandry

Polyandry is notably more rare than polygyny, though less rare than the figure commonly cited in the ''Ethnographic Atlas'' (1980) which listed only those polyandrous societies found in the Himalayan Mountains. More recent studies have found 53 societies outside the 28 found in the Himalayans which practice polyandry. It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with ''partible paternity'', the cultural belief that a child can have more than one father.

The explanation for polyandry in the Himalayan Mountains is related to the scarcity of land; the marriage of all brothers in a family to the same wife (''fraternal polyandry'') allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the dis-inheriting of most siblings, some of whom went on to become celibate monks and priests).

Plural marriage

Group marriage (also known as ''multi-lateral marriage'') is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental responsibility for any children arising from the marriage.Murdock, 1949, p. 24. "''group marriage'' or a marital union embracing at once several men and several women." No country legally condones group marriages, neither under the law nor as a common law marriage, but historically it has been practiced by some cultures of Polynesia, Asia, Papua New Guinea and the Americas – as well as in some intentional communities and alternative subcultures such as the Oneida Perfectionists in up-state New York. Of the 250 societies reported by the American anthropologist George Murdock in 1949, only the Kaingang of Brazil had any group marriages at all.

Child marriage

A child marriage is a marriage where one or both spouses are under the age of 18.Child Marriage
UNICEF (2011) It is related to child betrothal and teenage pregnancy.

Child marriage was common throughout history, even up until the 1900s in the United States, where in 1880 CE, in the state of Delaware, the age of consent for marriage was 7 years old. Still, in 2017, over half of the 50 United States have no explicit minimum age to marry and several states set the age as low as 14. Today it is condemned by international human rights organizations. Child marriages are often arranged between the families of the future bride and groom, sometimes as soon as the girl is born. However, in the late 1800s in England and the United States, feminist activists began calling for raised age of consent laws, which was eventually handled in the 1920s, having been raised to 16–18.

Child marriages can also occur in the context of bride kidnapping.

In the year 1552 CE, John Somerford and Jane Somerford Brereton were both married at the ages of 3 and 2, respectively. Twelve years later, in 1564, John filed for divorce.

While child marriage is observed for both boys and girls, the overwhelming majority of child spouses are girls. In many cases, only one marriage-partner is a child, usually the female, due to the importance placed upon female virginity. Causes of child marriage include poverty, bride price, dowry, laws that allow child marriages, religious and social pressures, regional customs, fear of remaining unmarried, and perceived inability of women to work for money.

Today, child marriages are widespread in parts of the world; being most common in South Asia and sub-Saharan Africa, with more than half of the girls in some countries in those regions being married before 18. The incidence of child marriage has been falling in most parts of the world. In developed countries, child marriage is outlawed or restricted.

Girls who marry before 18 are at greater risk of becoming victims of domestic violence, than those who marry later, especially when they are married to a much older man.

Same-sex and third-gender marriages

Several kinds of same-sex marriages have been documented in Indigenous and lineage-based cultures. In the Americas, We'wha ( Zuni), was a ''lhamana'' (male individuals who, at least some of the time, dress and live in the roles usually filled by women in that culture); a respected artist, We'wha served as an emissary of the Zuni to Washington, where he met President Grover Cleveland.Matilda Coxe Stevenson, The Zuni Indians: Their Mythology, Esoteric Fraternities, and Ceremonies, (BiblioBazaar, 2010) p. 37 Quote: "the most intelligent person in the pueblo. Strong character made his word law among both men and women with whom he associated. Though his wrath was dreaded by men as well as women, he was loved by all children, to whom he was ever kind." We'wha had at least one husband who was generally recognized as such.

While it is a relatively new practice to grant same-sex couples the same form of legal marital recognition as commonly granted to mixed-sex couples, there is some history of recorded same-sex unions around the world. Ancient Greek same-sex relationships were like modern companionate marriages, unlike their different-sex marriages in which the spouses had few emotional ties, and the husband had freedom to engage in outside sexual liaisons. The Codex Theodosianus (''C. Th.'' 9.7.3) issued in 438 CE imposed severe penalties or death on same-sex relationships, but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-sex relationships in that culture exist. Same-sex unions were celebrated in some regions of China, such as Fujian. Possibly the earliest documented same-sex wedding in Latin Christendom occurred in Rome, Italy, at the San Giovanni a Porta Latina basilica in 1581.

Temporary marriages

Several cultures have practised temporary and conditional marriages. Examples include the Celtic practice of handfasting and fixed-term marriages in the Muslim community. Pre-Islamic Arabs practiced a form of temporary marriage that carries on today in the practice of Nikah mut‘ah, a fixed-term marriage contract. The Islamic prophet Muhammad sanctioned a temporary marriage – sigheh in Iran and muta'a in Iraq – which can provide a legitimizing cover for sex workers. The same forms of temporary marriage have been used in Egypt, Lebanon and Iran to make the donation of a human ova legal for in vitro fertilisation; a woman cannot, however, use this kind of marriage to obtain a sperm donation. Muslim controversies related to Nikah Mut'ah have resulted in the practice being confined mostly to Shi'ite communities. The matrilineal Mosuo of China practice what they call "walking marriage".

Cohabitation

In some jurisdictions cohabitation, in certain circumstances, may constitute a common-law marriage, an unregistered partnership, or otherwise provide the unmarried partners with various rights and responsibilities; and in some countries, the laws recognize cohabitation in lieu of institutional marriage for taxation and social security benefits. This is the case, for example, in Australia. Cohabitation may be an option pursued as a form of resistance to traditional institutionalized marriage. However, in this context, some nations reserve the right to define the relationship as marital, or otherwise to regulate the relation, even if the relation has not been registered with the state or a religious institution.

Conversely, institutionalized marriages may not involve cohabitation. In some cases, couples living together do not wish to be recognized as married. This may occur because pension or alimony rights are adversely affected; because of taxation considerations; because of immigration issues, or for other reasons. Such marriages have also been increasingly common in Beijing. Guo Jianmei, director of the center for women's studies at Beijing University, told a Newsday correspondent, "Walking marriages reflect sweeping changes in Chinese society." A "walking marriage" refers to a type of temporary marriage formed by the Mosuo of China, in which male partners live elsewhere and make nightly visits. A similar arrangement in Saudi Arabia, called misyar marriage, also involves the husband and wife living separately but meeting regularly.

Partner selection

There is wide cross-cultural variation in the social rules governing the selection of a partner for marriage. There is variation in the degree to which partner selection is an individual decision by the partners or a collective decision by the partners' kin groups, and there is variation in the rules regulating which partners are valid choices.

The United Nations World Fertility Report of 2003 reports that 89% of all people get married before age forty-nine. The percent of women and men who marry before age forty-nine drops to nearly 50% in some nations and reaches near 100% in other nations.

In other cultures with less strict rules governing the groups from which a partner can be chosen the selection of a marriage partner may involve either the couple going through a selection process of courtship or the marriage may be arranged by the couple's parents or an outside party, a matchmaker.

Age difference

Some people want to marry a person that is older or younger than them. This may impact marital stability and partners with more than a 10-year gap in age tend to experience social disapproval In addition, older women (older than 35) have increased health risks when getting pregnant (which may only be an issue if the couple indeed intends on having children).

Social status and wealth

Some people want to marry a person with higher or lower status than them. Others want to marry people who have similar status. In many societies, women marry men who are of higher social status. There are marriages where each party has sought a partner of similar status. There are other marriages in which the man is older than the woman.

Some persons also wish to engage in transactional relationship for money rather than love (thus a type of marriage of convenience). Such people are sometimes referred to as gold diggers. Separate property systems can however be used to prevent property of being passed on to partners after divorce or death.

Higher income men are more likely to marry and less likely to divorce. High income women are more likely to divorce.

The incest taboo, exogamy and endogamy

Societies have often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. Marriages between parents and children, or between full siblings, with few exceptions, have been considered incest and forbidden. However, marriages between more distant relatives have been much more common, with one estimate being that 80% of all marriages in history have been between second cousins or closer. This proportion has fallen dramatically, but still, more than 10% of all marriages are believed to be between people who are second cousins or more closely related. In the United States, such marriages are now highly stigmatized, and laws ban most or all first-cousin marriage in 30 states. Specifics vary: in South Korea, historically it was illegal to marry someone with the same last name and same ancestral line.

An Avunculate marriage is a marriage that occurs between an uncle and his niece or between an aunt and her nephew. Such marriages are illegal in most countries due to incest restrictions. However, a small number of countries have legalized it, including Argentina, Australia, Austria, Malaysia, and Russia.

In various societies, the choice of partner is often limited to suitable persons from specific social groups. In some societies the rule is that a partner is selected from an individual's own social group – endogamy, this is often the case in class- and caste-based societies. But in other societies a partner must be chosen from a different group than one's own – exogamy, this may be the case in societies practicing totemic religion where society is divided into several exogamous totemic clans, such as most Aboriginal Australian societies. In other societies a person is expected to marry their cross-cousin, a woman must marry her father's sister's son and a man must marry his mother's brother's daughter – this is often the case if either a society has a rule of tracing kinship exclusively through patrilineal or matrilineal descent groups as among the Akan people of West Africa. Another kind of marriage selection is the levirate marriage in which widows are obligated to marry their husband's brother, mostly found in societies where kinship is based on endogamous clan groups.

Religion has commonly weighed in on the matter of which relatives, if any, are allowed to marry. Relations may be by consanguinity or affinity, meaning by blood or by marriage. On the marriage of cousins, Catholic policy has evolved from initial acceptance, through a long period of general prohibition, to the contemporary requirement for a dispensation. Islam has always allowed it, while Hindu texts vary widely.

Prescriptive marriage

In a wide array of lineage-based societies with a classificatory kinship system, potential spouses are sought from a specific class of relative as determined by a prescriptive marriage rule. This rule may be expressed by anthropologists using a "descriptive" kinship term, such as a "man's mother's brother's daughter" (also known as a "cross-cousin"). Such descriptive rules mask the participant's perspective: a man should marry a woman from his mother's lineage. Within the society's kinship terminology, such relatives are usually indicated by a specific term which sets them apart as potentially marriageable. Pierre Bourdieu notes, however, that very few marriages ever follow the rule, and that when they do so, it is for "practical kinship" reasons such as the preservation of family property, rather than the "official kinship" ideology.

Insofar as regular marriages following prescriptive rules occur, lineages are linked together in fixed relationships; these ties between lineages may form political alliances in kinship dominated societies. French structural anthropologist Claude Lévi-Strauss developed alliance theory to account for the "elementary" kinship structures created by the limited number of prescriptive marriage rules possible.

A pragmatic (or 'arranged') marriage is made easier by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage; they may, indeed, engage a professional matchmaker to find a suitable spouse for an unmarried person. The authority figure could be parents, family, a religious official, or a group consensus. In some cases, the authority figure may choose a match for purposes other than marital harmony.

Forced marriage

A forced marriage is a marriage in which one or both of the parties is married against their will. Forced marriages continue to be practiced in parts of the world, especially in South Asia and Africa. The line between forced marriage and consensual marriage may become blurred, because the social norms of these cultures dictate that one should never oppose the desire of one's parents/relatives in regard to the choice of a spouse; in such cultures, it is not necessary for violence, threats, intimidation etc. to occur, the person simply "consents" to the marriage even if they do not want it, out of the implied social pressure and duty. The customs of bride price and dowry, that exist in parts of the world, can lead to buying and selling people into marriage.

In some societies, ranging from Central Asia to the Caucasus to Africa, the custom of bride kidnapping still exists, in which a woman is captured by a man and his friends. Sometimes this covers an elopement, but sometimes it depends on sexual violence. In previous times, ''raptio'' was a larger-scale version of this, with groups of women captured by groups of men, sometimes in war; the most famous example is The Rape of the Sabine Women, which provided the first citizens of Rome with their wives.

Other marriage partners are more or less imposed on an individual. For example, widow inheritance provides a widow with another man from her late husband's brothers.

In rural areas of India, child marriage is practiced, with parents often arranging the wedding, sometimes even before the child is born. This practice was made illegal under the Child Marriage Restraint Act of 1929.

Economic considerations

The financial aspects of marriage vary between cultures and have changed over time.

In some cultures, dowries and bride wealth continue to be required today. In both cases, the financial arrangements are usually made between the groom (or his family) and the bride's family; with the bride often not being involved in the negotiations, and often not having a choice in whether to participate in the marriage.

In Early modern Britain, the social status of the couple was supposed to be equal. After the marriage, all the property (called "fortune") and expected inheritances of the wife belonged to the husband.

Dowry

A dowry is "a process whereby parental property is distributed to a daughter at her marriage (i.e. ''inter vivos'') rather than at the holder's death (''mortis causa'')… A dowry establishes some variety of conjugal fund, the nature of which may vary widely. This fund ensures her support (or endowment) in widowhood and eventually goes to provide for her sons and daughters."

In some cultures, especially in countries such as Turkey, India, Bangladesh, Pakistan, Sri Lanka, Morocco, Nepal, dowries continue to be expected. In India, thousands of dowry-related deaths have taken place on yearly basis, to counter this problem, several jurisdictions have enacted laws restricting or banning dowry (see Dowry law in India). In Nepal, dowry was made illegal in 2009. Some authors believe that the giving and receiving of dowry reflects the status and even the effort to climb high in social hierarchy.

Dower

Direct Dowry contrasts with bride wealth, which is paid by the groom or his family to the bride's parents, and with indirect dowry (or dower), which is property given to the bride herself by the groom at the time of marriage and which remains under her ownership and control.

In the Jewish tradition, the rabbis in ancient times insisted on the marriage couple entering into a prenuptial agreement, called a ''ketubah''. Besides other things, the ''ketubah'' provided for an amount to be paid by the husband in the event of a divorce or his estate in the event of his death. This amount was a replacement of the biblical dower or bride price, which was payable at the time of the marriage by the groom to the father of the bride. This innovation was put in place because the biblical bride price created a major social problem: many young prospective husbands could not raise the bride price at the time when they would normally be expected to marry. So, to enable these young men to marry, the rabbis, in effect, delayed the time that the amount would be payable, when they would be more likely to have the sum. It may also be noted that both the dower and the ''ketubah'' amounts served the same purpose: the protection for the wife should her support cease, either by death or divorce. The only difference between the two systems was the timing of the payment. It is the predecessor to the wife's present-day entitlement to maintenance in the event of the breakup of marriage, and family maintenance in the event of the husband not providing adequately for the wife in his will. Another function performed by the ''ketubah'' amount was to provide a disincentive for the husband contemplating divorcing his wife: he would need to have the amount to be able to pay to the wife.

Morning gifts, which might also be arranged by the bride's father rather than the bride, are given to the bride herself; the name derives from the Germanic tribal custom of giving them the morning after the wedding night. She might have control of this morning gift during the lifetime of her husband, but is entitled to it when widowed. If the amount of her inheritance is settled by law rather than agreement, it may be called dower. Depending on legal systems and the exact arrangement, she may not be entitled to dispose of it after her death, and may lose the property if she remarries. Morning gifts were preserved for centuries in morganatic marriage, a union where the wife's inferior social status was held to prohibit her children from inheriting a noble's titles or estates. In this case, the morning gift would support the wife and children. Another legal provision for widowhood was jointure, in which property, often land, would be held in joint tenancy, so that it would automatically go to the widow on her husband's death.

Islamic tradition has similar practices. A 'mahr', either immediate or deferred, is the woman's portion of the groom's wealth (divorce) or estate (death). These amounts are usually set on the basis of the groom's own and family wealth and incomes, but in some parts these are set very high so as to provide a disincentive for the groom exercising the divorce, or the husband's family 'inheriting' a large portion of the estate, especially if there are no male offspring from the marriage. In some countries, including Iran, the mahr or alimony can amount to more than a man can ever hope to earn, sometimes up to US$1,000,000 (4000 official Iranian gold coins). If the husband cannot pay the mahr, either in case of a divorce or on demand, according to the current laws in Iran, he will have to pay it by installments. Failure to pay the mahr might even lead to imprisonment.

Bridewealth

Bridewealth is a common practice in parts of Southeast Asia (Thailand, Cambodia), parts of Central Asia, and in much of sub-Saharan Africa. It is also known as brideprice although this has fallen in disfavor as it implies the purchase of the bride. Bridewealth is the amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom. In anthropological literature, bride price has often been explained as payment made to compensate the bride's family for the loss of her labor and fertility. In some cases, bridewealth is a means by which the groom's family's ties to the children of the union are recognized.

Taxation

In some countries a married person or couple benefits from various taxation advantages not available to a single person. For example, spouses may be allowed to average their combined incomes. This is advantageous to a married couple with disparate incomes. To compensate for this, countries may provide a higher tax bracket for the averaged income of a married couple. While income averaging might still benefit a married couple with a stay-at-home spouse, such averaging would cause a married couple with roughly equal personal incomes to pay more total tax than they would as two single persons. In the United States, this is called the marriage penalty.

When the rates applied by the tax code are not based income averaging, but rather on the ''sum'' of individuals' incomes, higher rates will usually apply to each individual in a two-earner households in a progressive tax systems. This is most often the case with high-income taxpayers and is another situation called a marriage penalty.

Conversely, when progressive tax is levied on the individual with no consideration for the partnership, dual-income couples fare much better than single-income couples with similar household incomes. The effect can be increased when the welfare system treats the same income as a shared income thereby denying welfare access to the non-earning spouse. Such systems apply in Australia and Canada, for example.

Post-marital residence

In many Western cultures, marriage usually leads to the formation of a new household comprising the married couple, with the married couple living together in the same home, often sharing the same bed, but in some other cultures this is not the tradition. Among the Minangkabau of West Sumatra, residency after marriage is matrilocal, with the husband moving into the household of his wife's mother. Residency after marriage can also be patrilocal or avunculocal. In these cases, married couples may not form an independent household, but remain part of an extended family household.

Early theories explaining the determinants of postmarital residence connected it with the sexual division of labor. However, to date, cross-cultural tests of this hypothesis using worldwide samples have failed to find any significant relationship between these two variables. However, Korotayev's tests show that the female contribution to subsistence does correlate significantly with matrilocal residence in general. However, this correlation is masked by a general polygyny factor.

Although, in different-sex marriages, an increase in the female contribution to subsistence tends to lead to matrilocal residence, it also tends simultaneously to lead to general non-sororal polygyny which effectively destroys matrilocality. If this polygyny factor is controlled (e.g., through a multiple regression model), division of labor turns out to be a significant predictor of postmarital residence. Thus, Murdock's hypotheses regarding the relationships between the sexual division of labor and postmarital residence were basically correct, though the actual relationships between those two groups of variables are more complicated than he expected.

There has been a trend toward the neolocal residence in western societies.

Law

Marriage laws refer to the legal requirements which determine the validity of a marriage, which vary considerably between countries.

Article 16 of the Universal Declaration of Human Rights declares that "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses."

Rights and obligations

A marriage bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). These may include, depending on jurisdiction:
* Giving one spouse or his/her family control over the other spouse's sexual services, labor, and property.
* Giving one spouse responsibility for the other's debts.
* Giving one spouse visitation rights when the other is incarcerated or hospitalized.
* Giving one spouse control over the other's affairs when the other is incapacitated.
* Establishing the second legal guardian of a parent's child.
* Establishing a joint fund of property for the benefit of children.
* Establishing a relationship between the families of the spouses.

These rights and obligations vary considerably between societies, and between groups within society. These might include arranged marriages, family obligations, the legal establishment of a nuclear family unit, the legal protection of children and public declaration of commitment.

Property regime

In many countries today, each marriage partner has the choice of keeping his or her property separate or combining properties. In the latter case, called community property, when the marriage ends by divorce each owns half. In lieu of a will or trust, property owned by the deceased generally is inherited by the surviving spouse.

In some legal systems, the partners in a marriage are "jointly liable" for the debts of the marriage. This has a basis in a traditional legal notion called the "Doctrine of Necessities" whereby, in a heterosexual marriage, a husband was responsible to provide necessary things for his wife. Where this is the case, one partner may be sued to collect a debt for which they did not expressly contract. Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts to be expenses of the marriage. The cost of defense and the burden of proof is then placed on the non-contracting party to prove that the expense is not a debt of the family. The respective maintenance obligations, both during and eventually after a marriage, are regulated in most jurisdictions; alimony is one such method.

Restrictions

Marriage is an institution that is historically filled with restrictions. From age, to race, to social status, to consanguinity, to gender, restrictions are placed on marriage by society for reasons of benefiting the children, passing on healthy genes, maintaining cultural values, or because of prejudice and fear. Almost all cultures that recognize marriage also recognize adultery as a violation of the terms of marriage."Adultery"
''Encyclopædia Britannica''

Age

Most jurisdictions set a minimum age for marriage; that is, a person must attain a certain age to be legally allowed to marry. This age may depend on circumstances, for instance exceptions from the general rule may be permitted if the parents of a young person express their consent and/or if a court decides that said marriage is in the best interest of the young person (often this applies in cases where a girl is pregnant). Although most age restrictions are in place in order to prevent children from being forced into marriages, especially to much older partners – marriages which can have negative education and health related consequences, and lead to child sexual abuse and other forms of violence – such child marriages remain common in parts of the world. According to the UN, child marriages are most common in rural sub-Saharan Africa and South Asia. The ten countries with the highest rates of child marriage are: Niger

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