Marriage law refers to and deals with legal requirements that establish the legal validity of a wedding. Essentially, it is a contract between two people to share certain rights and obligations. Although the law varies greatly in different regions, it has certain things in common. Some of the common foundations that constitute a wedding are explained below.
Rights and obligations
A wedding, by definition, bestows rights and duties on the married parties, and sometimes on relatives as well, who are the sole mechanism for the creation of in-laws. In any wedding, the concerned parties take a vow to be committed and faithful to one another. Historically, most of the societies have given particular set of rights and duties to husbands that are pretty different from rights and obligations assigned to wives.
In general, the controls over inheritance rights, marital property and the right to dictate the activities of children’s marriages have been given to male partners. Many people objected to these rights of male partners. The conflict began and changes were made to the rights of husbands by enacting the marriage law as is seen today. In spite of curtailments made in the wedding contract, husbands continue to dominate even today. This is the main reason why the law is enforced strictly so that both parties of the marriage abide by the contract.
The modern law on marriage provides common privileges to both the husband and the wife. Both the partners have control over family including children. In case of any issues with children, a wife shares equal rights with her husband for amicable resolution to children’s problems. A wife and a husband shares equal responsibility with respect to running a family. Both of them have responsibility for some portion of a spouse’s debts/properties.
In case a wife or a husband gets incapacitated, the other partner gets control over his/her spouse’s affairs. Just like rights, the married parties share common obligations. Earlier women had to adhere to most of the marriage obligations. However, the marriage law has made things even by conferring equal liabilities and obligations on husbands and wives.
Disputes and resolutions
A consensus is a must to make any marriage long lasting. Yet, there are instances of conflicts. In many cases, the conflicts are resolved by amicable settlement with the intervention of family members, including in-laws. However, a court resolution is sought-after whenever an agreement is not reached between married parties. If one or both the parties think that they can’t continue with their marital life, they can file for a divorce.
The court will check the facts and (sometimes) decide whether the wedding will last or not. In many instances, the court orders the spouses to stay with each other and give a second try to their relationship for a certain time. If the partners still feel uncomfortable to continue with their marital relationship, the court gives an order to dissolve the marriage. The court also fines the defaulting party for causing damage to the other party of the wedding contract.