A spouse is a
significant other in a
marriage. In certain contexts, it can also apply to a
civil union or
common-law marriage. 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 statutes. However, in many parts of the world, where
civil marriage 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,
dowry or
dower. 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 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 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 around the world, however, the husband continues to have authority; for instance the Civil Code of
Iran 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,
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. 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 in 1970,
Portugal in 1975,
Brazil in 1977,
Spain in 1981,
Argentina in 1987,
Paraguay 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 in 1996,
Chile in 2004 and
Malta in 2011). In recent years, many Western countries have adopted
no-fault divorce. 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 and
religion.
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 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, 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, arranged marriage, and
forced marriage. The latter is in some jurisdictions a
void marriage or a
voidable marriage. Forcing someone to marry is also a criminal offense in some countries.
See also
*
Bride
*
Spousal privilege
*
Work spouses, a pair of co-workers sharing emotional bonds similar to those in a marriage
References
External links
*
{{Portal bar, Society, Law
Family