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A spouse is a significant other in a marriage or without 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. A male spouse is called a husband while a female spouse is called a wife.
A wife is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time.
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 managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding..
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first act of sexual intercourse between two people, following their marriage to each other. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that no contraception must be used.
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, and increasingly criminalized. However it is repudiated by some more conservative cultures.
Coverture was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. Upon marriage, coverture provided that a woman became a feme covert, whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or feme sole, had the right to own property and make contracts in her own name.
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 by agreement at the time of the wedding, or as provided by law.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
Manus was an Ancient Roman type of marriage, of which there were two forms: cum manu and sine manu. In a cum manu marriage, the wife was placed under the legal control of the husband. In a sine manu marriage, the wife remained under the legal control of her father.
The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878.
It is thought that multiple ethnic groups in South Africa have long-standing beliefs concerning gender roles, and most are based on the premise that women in South Africa are less important, or less deserving of power, than men. Some view African traditional social organizations as male centered and male dominated. One prevailing caricature of Afrikaner religious beliefs includes a strong emphasis on the theoretically biblically based notion that women's contributions to society should normally be approved by, or be on behalf of, men. Claims are even made of modern sexism and Christianity being introduced into South Africa by the ancestors of the Afrikaner diaspora.
Criticisms of marriage are arguments against the practical or moral value of the institution of matrimony or particular forms of matrimony. These have included the effects that marriage has on individual liberty, equality between the sexes, the relation between marriage and violence, philosophical questions about how much control can a government have over its population, the amount of control a person has over another, the financial risk when measured against the divorce rate, and questioning of the necessity to have a relationship sanctioned by government or religious authorities.
In South Africa, marriage exists in a number of different forms, as a result of the diversity of religions and cultures in the country. A man in South Africa may have more than one spouse but a South African woman may only have one spouse. Historically the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples. Since 1998 the law has recognised marriages, including polygynous marriages, conducted under African customary law, as well as religious laws such as Islamic law. In 2006 the South African constitutional court ruled in favour of recognizing same-sex marriage. It is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction.
The Marriage Act, 1961 is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984. Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament.
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife ; (ii) parents, guardians and children; and (iii) relatives related through blood and affinity."
"As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history [...]. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it's a paradise, for judges a purgatory."
The Custom of Paris was one of France's regional custumals of civil law. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including New France. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period.
The Recognition of Customary Marriages Act, 1998 is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions. The act was signed by President Nelson Mandela on 20 November 1998 but only came into force on 15 November 2000.
In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction.
The history of adultery in English law is a complex topic, including changing understandings of what sexual acts constituted adultery, unequal treatment of men and women under the law, and competing jurisdictions of secular and ecclesiastical authorities. Prosecution for adultery as such ceased to be possible in English law in 1970.
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
References
- 1 2 Lee, Robert Warden (1946). An introduction to Roman-Dutch law (4th ed.). Oxford: Oxford University Press. pp. 64–68. Retrieved 25 January 2012.
- 1 2 Wessels, J. W. (1908). History of the Roman-Dutch law. Grahamstown: African Book Company. pp. 450–453. Retrieved 25 January 2012.
- ↑ "Legal status of women in ancient Rome" . Retrieved 29 August 2022.
- ↑ Pauline Schmitt Pantel, (ed.) A History of Women in the West, Volume I, From Ancient Goddesses to Christian Saints, p. 133.
- ↑ Schulze, Reiner (2010) [1986]. "Eherecht". Germanische Altertumskunde Online. pp. 961–999.
- ↑ Hallward-Driemeier, Mary; Hasan, Tazeen (2012). Empowering Women: Legal Rights and Economic Opportunities in Africa. Washington, D.C.: World Bank. p. 61. ISBN 978-0-8213-9533-2 . Retrieved 25 January 2012.
- ↑ Although marital power was abolished in France in 1938, married women in France obtained the right to work without their husbands' permission only in 1965, "Archived copy" (PDF). Archived from the original (PDF) on 2016-03-04. Retrieved 2016-04-03.
{{cite web}}: CS1 maint: archived copy as title (link) 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). Furthermore, 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. - 1 2 3 Boberg's law of persons and the family (2nd ed.). Cape Town: Juta Law. 1999. pp. 161–164. ISBN 9780702151163.
- ↑ "Sihlongonyane v Sihlongonyane (470/2013) [2013] SZHC 144 (18 July 2013); | Swazi Legal Information Institute". Archived from the original on 2016-03-05. Retrieved 2015-02-10.