Spouses

The legal status of the spouse and the specific rights and obligations associated with this status vary significantly in different jurisdictions of the world. These rules are usually described in family law laws. However, in many parts of the world where common-law marriages are less common, ordinary marriages exist instead, which are usually informally regulated by the community. In many parts of the world, marital rights and obligations are related to paying the bride a price, dowry, or marriage. Historically, many societies have provided sets of rights and obligations for male spouses, which are very different from the sets of rights and obligations given to women spouses. In particular, control over family property, inheritance rights and the right to dictate the actions of children in marriage are usually granted to male partners. However, this practice has been significantly reduced in many countries in the twentieth century, and more modern legislation, as a rule, defines the rights and obligations of a spouse without regard to gender. Among the last European countries to achieve full gender equality in marriage were Switzerland, Greece, Spain, and France (in the 1980s). However, in various marriage laws around the world, the husband still has power; For example, the Iranian Civil Code in article 1105 states: “In the relationship between husband and wife; the position of the head of the family is the exclusive right of the husband. ”

Depending on the jurisdiction, a spouse’s refusal or inability to fulfill marital obligations may be grounds for divorce, legal dismissal or annulment. The last two options are more common in countries where Catholicism is the dominant religion, some of which only recently introduced divorce (for example, Italy in 1970, Portugal in 1975, Brazil in 1977, Spain in 1981, Argentina in 1987, Paraguay in 1991, Colombia in 1991, Ireland in 1996, Chile in 2004 and Malta in 2011). In recent years, many Western countries have not accepted divorces for any fault. In some parts of the world, formal divorce is complicated by payments and goods exchanged between families (this is often the case when marriages are concluded). This often makes it difficult to get out of marriage, especially for a woman: in some parts of Africa, after the price for the bride has been paid, the wife is considered to belong to the husband and his family; and if she wants to leave, the husband may demand that the bride return the price that he paid to the girl’s family. The girl’s family often cannot or does not want to return the money.

Regardless of the law, local culture and religion can also influence personal relationships between spouses, which can help strengthen male authority over the wife: for example, the word בעל (ba`al), in Hebrew meaning “husband” used in the Bible, is synonymous with the owner and masters.

Often there is a minimum legal age for marriage. The United Nations Population Fund stated the following:

“In 2010, 158 countries reported that the minimum age for marriage for women is 18 years old without parental consent or approval from the relevant authority. However, in 146 countries, state or customary law allows girls under the age of 18 to marry with the consent of the parents or other authorities: in 52 countries, girls under the age of 15 can marry with the consent of the parents, while in 180 countries the legal age is for marriage without the consent of men is 18 years old. In addition, in 105 countries, boys can marry with the consent of the parent or the relevant authority, and in 23 countries, boys under the age of 15 can marry with the consent of the parents. ”

Although in most Western countries spouses generally prefer not to have children, this choice is not accepted in some parts of the world. In some cultures and religions, the quality of a spouse requires children (for example, in Ghana).

There are many ways to choose a spouse that vary around the world, such as contractual marriage and forced marriage. The latter is an invalid marriage in some jurisdictions. In some countries, coercion to marry is also a criminal offense.