A spouse is a
significant other
The term significant other (SO) has different uses in psychology and in colloquial language. Colloquially, "significant other" is used as a gender-neutral term for a person's partner in an intimate relationship without disclosing or presuming ...
in a
marriage
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 ...
. In certain contexts, it can also apply to a
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
or
common-law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social role similar to that of a spouse, but do not have rights and duties reserved by law to a spouse.
Married
The legal status of a spouse, and the specific rights and obligations associated with that status, vary significantly among the jurisdictions of the world. These regulations are usually described in
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriage, ...
statutes. However, in many parts of the world, where
civil marriage
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religion, religious body and recognized by the state, or it may be entirely secular.
History
Every country maintai ...
is not that prevalent, there is instead customary marriage, which is usually regulated informally by the community. In many parts of the world, spousal rights and obligations are related to the payment of
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
,
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
or
dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law.
...
. Historically, many societies have given sets of rights and obligations to male marital partners that have been very different from the sets of rights and obligations given to female marital partners. In particular, the control of
marital property
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is manag ...
,
inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
rights, and the right to dictate the activities of children of the marriage, have typically been given to male marital partners. However, this practice was curtailed to a great deal in many countries in the twentieth century, and more modern statutes tend to define the rights and duties of a spouse without reference to gender. Among the last European countries to establish full
gender equality
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
in marriage were Switzerland. In 1985, a referendum guaranteed women legal equality with men within marriage. The new reforms came into force in January 1988. Although married women in France obtained the right to work without their husbands' permission in 1965, and the paternal authority of a man over his family was ended in 1970 (before that parental responsibilities belonged solely to the father who made all legal decisions concerning the children), it was only in 1985 that a legal reform abolished the stipulation that the husband had the sole power to administer the children's property. in the 1980s. In various
marriage laws
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
Summary table
Rights and obligations
A marriage, by definition, bestows ...
around the world, however, the husband continues to have authority; for instance the Civil Code of
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
states at Article 1105: "In relations between husband and wife; the position of the head of the family is the exclusive right of the husband".
Depending on jurisdiction, the refusal or inability of a spouse to perform the marital obligations may constitute a
ground for divorce
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery ...
,
legal separation
Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is gra ...
or
annulment
Annulment is a legal procedure within Law, secular and Religious law, religious legal systems for declaring a marriage Void (law), null and void. Unlike divorce, it is usually ex post facto law, retroactive, meaning that an annulled marriage is c ...
. The latter two options are more prevalent in countries where the dominant religion is
Roman Catholicism
The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
, some of which introduced divorce only recently (i.e.
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
in 1970,
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
in 1975,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
in 1977,
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
in 1981,
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
in 1987,
Paraguay
Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
in 1991,
[''Sex and the State: Abortion, Divorce, and the Family Under Latin. American Dictatorships and Democracies'', by ]Mala Htun
Mala Htun is an American political scientist, currently a professor of political science at the University of New Mexico. Htun studies comparative politics, particularly women's rights and the politics of race and ethnicity with a focus on Latin ...
, pp 102 Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
in 1991,
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
in 1996,
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
in 2004 and
Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
in 2011). In recent years, many Western countries have adopted
no-fault divorce
In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage w ...
. In some parts of the world, the formal dissolution of a marriage is complicated by the payments and goods which have been exchanged between families (this is common where
marriages are arranged). This often makes it difficult to leave a marriage, especially for the woman: in some parts of Africa, once the bride price has been paid, the wife is seen as belonging to the husband and his family; and if she wants to leave, the husband may demand back the bride price that he had paid to the girl's family. The girl's family often cannot or does not want to pay it back.
Regardless of legislation, personal relations between spouses may also be influenced by local
culture
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tyl ...
and
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
.
Minimum age
There is often a minimum legal
marriageable age
Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to ...
. The
United Nations Population Fund
The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population Activities, is a UN agency aimed at improving reproductive and maternal health worldwide. Its work includes developing national healthcare strategies ...
stated the following:
:"In 2010, 158 countries reported that 18 years was the minimum legal age for marriage for women without parental consent or approval by a pertinent authority. However, in 146 countries, state or customary law allows girls younger than 18 to marry with the consent of parents or other authorities; in 52 countries, girls under age 15 can marry with parental consent. In contrast, 18 is the legal age for marriage without consent among males in 180 countries. Additionally, in 105 countries, boys can marry with the consent of a parent or a pertinent authority, and in 23 countries, boys under age 15 can marry with parental consent."
Procreation
In Western countries, spouses sometimes
choose not to have children. In some other parts of the world, there are greater expectations that heterosexual couples will procreate. In some cultures and religions, it is an obligation. In
northern Ghana
The Northern Region is one of the sixteen regions of Ghana. It is located in the north of the country and was the largest of the sixteen regions, covering an area of 70,384 square kilometres or 31 percent of Ghana's area until December 2018 when ...
, for example, the payment of bride price signifies a woman's requirement to bear children, and women using
birth control
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
are at risks of threats and coercion.
Choosing a spouse
There are many ways in which a spouse is chosen, which vary across the world, and include
love marriage
A love marriage is one which is driven solely by the couple, with or without consent of their parents, as opposed to arranged marriage. While there is no clear definition of love marriage, the term was in common use globally during the Victorian ...
, arranged marriage, and
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
. The latter is in some jurisdictions a
void marriage
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no forma ...
or a
voidable marriage
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to ...
. Forcing someone to marry is also a criminal offense in some countries.
See also
*
Bride
A bride is a woman who is about to be married or who is newlywed.
When marrying, the bride's future spouse, (if male) is usually referred to as the ''bridegroom'' or just ''groom''. In Western culture, a bride may be attended by a maid, brides ...
*
Spousal privilege
In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal ...
*
Work spouse Historically, "work spouse" is a phrase, mostly in American English, referring to a co-worker,: "They are platonic, close, opposite-sex couplings, with no romantic strings attached"; "A recent workplace survey found that 32 percent of workers say th ...
s, a pair of co-workers sharing emotional bonds similar to those in a marriage
References
External links
*
{{Portal bar, Society, Law
Family