Marriage - The Legal Perspective

Marriage is defined by the Oxford Dictionary as a legally or formally recognized union of two people as partners in a personal relationship (historically and in some jurisdictions specifically a union between a man and a woman). Choosing a spouse is one of the most important personal decisions people get to make, given that marriage requires a great deal of commitment. Many hardly look at the legal perspective of marriage, but it is a very important one. 

Marriage is much more than a relationship between two people who love each other; it is also a legal contract and is legally binding. Monogamy is the default form of marriage in most countries. Polygamy on the other hand is not legalized in many countries; it is legal in only 58 out of about 200 sovereign states, majority being Muslim-majority countries situated in Asia and Africa. Polygamy is illegal in Europe and North America. Polyandry which is the opposite of polygamy involves a woman taking two or more husbands at the same time. Polyandry is illegal in practically all states in the world.

The conditions which must be fulfilled for a marriage to be considered legal vary from country to country and in some countries, they vary from state to state. Generally:

• Both parties must be at least 18 years old;
• Both parties must enter into marriage voluntarily. Sentences are meted out to those who force marriage on others.
• Both parties must not be closely related to each other - they must not be siblings or relatives in a direct ascending line; marriage between parents and children is forbidden.
• One or both parties must not be already married. A person who gets married despite being already married may be sentenced to imprisonment.

Marriage in any of the aforementioned instances results in annulment. A marriage can also be annulled if either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent. If either spouse is physically incapable of having sexual relations or is impotent during the marriage, it can be annulled. If one of the spouses agreed to marry based on the lies or misrepresentation of the other party, annulment can apply.

The following are some of the legal benefits marriage confers:

Health insurance: This is one of the greatest legal benefits of marriage. If one of the spouses receives health insurance through their workplace, their partner and the couple's children can be added to their policy.

Death benefits: A spouse can consent to after-death examinations and procedures if the other spouse dies. One spouse can also make burial arrangements for the other.

Spousal privilege: In a legal proceeding, one of the spouses can excuse themselves from testifying against the other spouse if called as a witness.

Conjugal visits: As per Wikipedia, a conjugal visit is a scheduled period in which an inmate of a prison or jail is permitted to spend several hours or days in private with a visitor, usually their legal spouse. Sexual activity is permitted during such visits.

Better loans: Married couples usually qualify for better credit and better loans.

Immigration and residency benefits: If you marry a U.S. citizen for example, you are considered an "immediate relative" under immigration laws. Theoretically, this means you can apply for an immigrant visa (green card).

Inheritance: Under common law, under marriage in community of property, the surviving spouse will be entitled to his/her half share of the joint estate, while the other half is shared equally between the surviving spouse and kids.

Property ownership and transfer rights: Many laws facilitate the transfer of property between spouses or co-ownership.

Medical benefits: You can make medical decisions if your spouse becomes incapacitated and unable to express wishes for treatment.

Parental responsibility: Parental responsibility refers to the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child's property. When parents aren't married, only the biological mother has parental responsibility of the child. According to Property24, the biological father of a child has full parental rights and responsibilities in respect of the child if he’s married to the child’s mother, or if he was married to the child’s mother at the time of the child’s conception, birth or any time between the child’s conception and birth. An unmarried biological father can obtain parental responsibility by having his name registered or re-registered on the birth certificate if his name is not already registered.

Worth noting is the difference between parental responsibility and child maintenance. An unmarried father still has the duty of providing child support maintenance even if he does not have parental responsibility.

A couple can decide to end their marriage for a couple of reasons. Divorce is the legal dissolution of a valid marriage when the relationship cannot be continued. The following constitute most of the legal grounds for divorce:

Carnal abandonment/withholding sex: "Constructive abandonment" is the legal lingo for refusal to engage in sex with a spouse. According to Rosen.com, "While no one is entitled to sex, if your spouse willfully refuses intimacy, it could potentially rise to the level of constructive abandonment if the behavior is willful AND beyond the bounds of what could be considered normal in a marriage."

Mental illness: Either spouse is entitled to divorce if either spouse is found to be mentally unhealthy.

Alcoholism: This is a leading cause for divorce in the U.S. Alcoholism sometimes ruins relationships to the point that they cannot be salvaged.

Adultery: Adultery is said to exist when one of the spouses has a sexual relationship outside the marriage. When filing for divorce on adultery grounds, the plaintiff must provide prove - this could be direct evidence such as a picture or witness, or circumstantial evidence. Circumstantial evidence must prove that your spouse had the opportunity and interest to have a sexual relationship outside your marriage.

Sexual misconduct: Sexual misconduct encompasses any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct is even more valid if the spouse is proven guilty of child molestation or marital rape. 

A no-fault divorce can be granted on grounds of irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation.