Generally, the marriage is defined as a link or marital status. From the legal-formal point of view, it is the legal union of two people of different sex; According to sociological criteria, it is the social institution that constitutes the recognized way to found a family; and theologically, it is the union of man and woman aimed at establishing a full community of life. Marriage is also considered a solemn act or ceremony in which a man and a woman constitute a legal union for the full and perpetual community of life.
What is marriage
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Marriage is, therefore, a social institution that makes it possible to establish a relationship between two members, called spouses. Said union is recognized by society and supported by the laws for its execution.
This union can be monogamous; that is, to link a single man with a single woman, or polygamous, in which case it may consist of the union of a man with two or more women (polygyny) or of a single woman with two or more men (polyandry).
It can be concluded that the main purposes of the marital union are related to: forming a family, procreating and educating children, providing mutual support as a couple, thus providing great psychological-emotional stability among the members of the household.
In many countries there are civil and ecclesiastical weddings. However, today the union of couples who form a home without being married is frequent, which is known as concubinage. Most societies allow divorce, except those that believe in the perpetuity of the marriage union, because when two people marry they do so with the purpose that the union is for life; for example, Hindus or Catholics.
Etymological definition
Etymologically, the word marriage is interpreted in two ways: as derived from the Latin term “matrimonium”, from the voices “matri” and “monuim”, which mean burden, burden of the mother; or as a derivative of the phrase "matrem muniens", which translates as defense, protection of the mother.
Rae definition
The Royal Spanish Academy defines this concept as the union of man and woman, arranged through certain rites or legal formalities, to establish and maintain a community of life and interests.
Legal Definition
Legally, nuptials are nothing more than a bilateral legal act (because it is contracted between two people, unless it is made official in countries where polygamy is legal) that is constituted through the expression of will between the contracting parties (matrimonial consent) To contract a marriage, the presence and action of a civil registry official or a competent authority to celebrate the marriage is required.
This union is considered as a matrimonial legal act and not as a contract, in addition, it is useful as a control of legality established by the State.
Biblical definition
It is the way to formalize and sanctify the union between a man and a woman for the procreation of children. Catholic marriage is nothing more than a sacrament by which a man and a woman are perpetually united following the arrangements of the Church's mandates. A marriage proposal is always made and then the ceremony takes place.
Originally, these types of nuptials promoted the idea of a happy marriage, but this is relative.
Types of marriage
Currently, the marriage bond is associated with the love that promises a happy marriage, but this was not always the case, in fact, in the past, the marriage proposal was according to the interests of the families, since they decided with whom they would spend their children the rest of their lives. As the years went by, things changed and different types of nuptials developed, this in order for each person to know the terms to join with another person. These types are distributed between civil, religious marriage, by consent and the equal marriage bond (better known as gay marriage)
Civil marriage
The civil wedding is the formalized union that is acquired and registered before civil jurisdictions such as the civil registry, municipal authorities, judges and / or public administration, but it is not presented before religious authorities, that is, before the church.
Different nations have begun to legally admit the marital union between people of the same sex, a circumstance that has led to this marital alliance ceasing to be the exclusive property of heterosexuality.
With the nuptials, a chain of rights and duties is born between the spouses, such as the commitment to help and respect each other and to proceed for the benefit of the family. Men and women will have equality in these rights and duties. The nation must watch over the fulfillment of these duties; In the event that one of the parties does not fulfill its responsibilities, it can help the courts.
The union of civil marriage, for example, makes it possible to legitimize the filiation of the couple's children, establishes conditions related to the delegation of marital property and assigns succession rights.
There is a difference between the religious wedding and the civil wedding, since in the latter, the union can be dissolved and in the religious one not. The disunity of the marriage bond is known as divorce, a procedure that is subject to various statutes and that offers protection mainly to the woman and the children that were conceived during the dissolved relationship.
At the time that the fiancées contract a civil marriage, they must be clear about the economic relationship that they will choose, there are three options. These are the family partnership, separation of assets and intervention in earnings.
- Family partnership: Within this system, all the assets of each spouse form a single one, this includes the assets that were individually owned, even those acquired after marriage.
- Separation of assets: It is a patrimonial system of marriage where the spouses do not own property in common, since each one individually disposes of their assets, both before and after entering into marriage.
- Intervention in earnings: In this system, each one directs the assets that are in their name, during the marriage union. But if the tie is broken, the person who created the least income will be able to intervene in the gains that the other has made.
Religious marriage
The religious wedding could be determined as the alliance between two people whose main ordination begins being required by the beliefs of the religion to which the bride and groom belong. The religious bond can be said then that it is the ritual that legalizes the alliance of the bride and groom in the eyes of God.
1. Catholic marriage: This sacrament of the Catholic Church constitutes a community of life between the spouses, it is ordered to the conception and education of their children. In Catholics, religious marriage is based on three fundamental bases: union, indissolubility and reproduction.
One of the requirements to be able to carry out the marriage by the Catholic religion is that the contracting parties have first received the vow of baptism and that they are single, presenting some type of certificate that confirms it.
Among the customs and traditions of marriage, the reflection of different points is required, among the most outstanding we find:
- The bride's dress is white because it symbolizes purity.
- The parents of both take the role of bridesmaids and groomsmen at the wedding.
- The groom is wearing a suit.
- The contracting parties exchange rings as a symbol of union.
- This union runs in the church and is led by a priest.
2. Jewish marriage: For Jews, marriage is based on the commandments of the Torah, in the marriage union the man and the woman take care of each other exclusively. Spiritually, it is the union of two beings in the same soul, for this reason, according to Judaism, couples have the same soul, this is divided in two at the moment of birth and is reunited at the moment of marriage. In short, the couple is an incomplete part of a unit until the moment of re-marriage.
The Jewish link has the representation of the 'marriage' between God and the Jewish people celebrated on Sinai through the giving of the Torah. Many of the customs in Jewish marriage reflect this parallel. The Jewish vision of the marriage union derives from the fact that the spouses not only unite under the Chuppah (wedding canopy), they actually rejoin body and soul.
3. Islamic marriage: This union takes place in mosques and is celebrated by the Imam (a person empowered to carry out the union between the spouses). In these weddings, the colors and tones of the natural flowers should be highlighted, in addition, the ceremony tends to last several days. The celebration is carried out according to the laws of Islam, which are found in the Koran, the holy book of the Muslim religion.
3. Marriage in Hinduism: Hindu nuptials are one of the oldest ceremonies in the world, in fact, it dates from the year 2000 BC. It is necessary to bear in mind that this marriage not only unites two people, it also unites two families. It is a ceremony full of traditions and meanings, starting with the bride's dress (which is called Sari).
The tattoos located on the hands and feet, the accessories (wedding rings) and some that are placed on the bride's hair (which by the way, are an essential part of the hairstyle) and, finally, the symbolism of fire and vows in Sanskrit (the latter makes the wedding a sacred ceremony). This can be extended with celebrations before and after the wedding day.
Consent Marriages
In legal matters, matrimonial consent is understood as the necessary concordance or equivalence between the two declarations of will, expressed by both spouses, of wanting to marry. Therefore, "there is no marital union without consent." The matrimonial consent must be freely issued, and cannot be limited or conditioned, that is, the legal business of marriage is a pure business that does not admit or accept any of the accessory elements, such as: condition, term and manner.
1. Arranged marriage : also known as arranged marriage, it is nothing more than a martial ceremony in which a third party chooses or designates the couple, this means that neither spouse decides who to marry, they simply accept the decision of the third party and join in marriage. This was quite common in the 18th century, but today, it is not seen regularly, except in South Asia, some countries in Latin America, the Middle East and Africa.
2. Marriage of convenience: this type of marriage is characterized by being fraudulent, this is motivated that it is carried out to obtain economic, social and legal benefits. One of the things most noted in the nuptial convenience is the lack of feelings, that is, there is no love between the parties that contract the marriage. In some countries, this type of union is called a white relationship, since the spouses, after the marriage ceremony is finished, do not consummate the marriage, that is, there is no sexual activity. (reason for which it is categorized as fraudulent).
3. Forced marriage: contrary to the arranged union, forced marriage is one by which one or both parties to the union are forced to marry. There is no prior consent, there is no choice, they are simply bound by a third party. This continues to be practiced in parts of South Asia, East Asia, and Africa and among immigrants from those regions in Western countries.
4. Marriage by kidnapping: also known as the kidnapping of the bride, it is a tradition in which a subject kidnaps a woman to marry her, this implies rape. unwanted pregnancies, slavery and physical abuse of men towards women. This occurred in prehistoric times and continues to be carried out in countries such as Pakistan, the Caucasus, countries in Central Asia, Africa, Kyrgyzstan and the Amazon rainforest in South America. This is a crime in many countries, however, in the aforementioned it is normal and traditional, which is passed from generation to generation.
Equality marriage
Gay marriage is an institution in which the legal union between people of the same sex is recognized. This has the same provisions as a heterosexual marriage, there are the same proposals, marriage rings and a marriage certificate that provides rights and duties to the spouses. Gay marriage has been around for a very long time and was practiced naturally in ancient Rome until the 19th century.
However, this disappeared at the end of that same century and reappeared in the 21st century, same in which at least 28 countries allow these nuptials, among them, Germany, Argentina, Australia, Austria, Belgium, Brazil, Canada, Colombia, Denmark, Ecuador, Spain, the United States, Finland, France, Ireland, Iceland, Luxembourg, Malta, Mexico, Norway, New Zealand, the Netherlands, Portugal, the United Kingdom, South Africa, Sweden, Taiwan and Uruguay. In the case of Costa Rica, a court ruling approves and legalizes equal marriage as of May 26, 2020.
During the time when this link was illegal, homosexual couples continued to maintain romantic relationships without the need for a marriage certificate, they simply joined civilly or in fact, all according to the legislation of the country in which they lived. This, it can be said that it is the happy marriage that many want, not only for the fact of being married, but also, being of homosexual people and with all the discrimination that they have experienced over the years, the simple fact of wanting to get married and spend a life together, makes them realize that love is their main engine.
Betrothal
It is about the promise of a mutually accepted marriage in which those who choose to carry it out are known as spouses. Legally, the engagement is a contract, preparatory in nature, as it leads to the final marriage contract. The reality is that, due to the modernization of customs and the decrease in the social importance of marriage, the commitment does not have great legal relevance. The term "betrothal" for some comes from the Latin "sponsus", which means "spouses", for others "spei", which means "hope" or "spondere", which means "promise."
It was a unique bond, since to celebrate new betrothal first the first had to be dissolved. If the promise was not fulfilled, only at the beginning it was allowed to act for damages, and then the sanctions were rather in honor, and could violate the commitment to be branded as infamous. These, in turn, had requirements or conditions to carry out the betrothal which are based on:
- The promise of future marriage must be express.
- It must be pure and simple, it must not be subject to condition or term.
- The consent must be free of defects.
Marriage dowry
The marriage dowry is a transfer of property, gifts, or money from the parents in the marriage of a daughter. This is a kind of special donation made to the husband in order to contribute to the financial burdens derived from the wedding.
Actually, the dowry has a great contrast between what is an offering at a price, in this case, from the bride. The price of the bride has been one of the ancient traditions in different civilizations, where the groom had to pay a certain amount of money to be able to marry the bride or, in other cases, offer goods and animals (generally livestock). In dowry, it is the opposite. It is the parents of the bride who must make a donation to cover the expenses of the wedding, which may be money, property, animals, etc.
Marriage contract
The capitulations are a solution for future spouses, since it is a contract signed by both to specify the economic regime of the assets obtained before the marriage and specify that, once married, the assets obtained will not enter the conjugal partnership.
The laws provide that the assets are subject to the rules established by the spouses; In the absence of them, in a complementary and mandatory way. The law also acts when a court declares the annulment of the capitulations for violating in its wording imperative norms of public order that cannot be reconciled by the parties.
In the absence of capitulations, it is understood that all assets obtained within the marriage belong to the conjugal community and that, in the event of divorce, said assets must be distributed in half for each of the spouses.
Marital impediments
It is the prohibition of marriage, which has a tradition in the monogamous nature of it. Matrimonial impediments appear in natural law or positive law, whether in canon or civil law; there is a distinction between dissimilar impediments that are those that make the marriage null and prohibitive or that the impediments only make it illegal.
According to religion
There is an impediment that is not specified as such in the code of canon law, but it is understood that marriage between two people of the same sex or homosexual marriage is not allowed by the Catholic Church.
Another impediment has to do with the age restriction, since the minimum age required for marriage is 16 years for men and 14 years for women. This impediment has to do with a human right; Its purpose is to ensure, as far as possible, the necessary biological and psychological maturity of those who are going to marry.
According to the law
Although they may vary according to the legislation to which individuals who wish to create the conjugal bond are subject, the impediments to marrying are usually:
- Consanguinity between ancestors and descendants without limitation.
- Consanguinity between siblings or half siblings.
- The bond that derives from full adoption, that derived from simple adoption, between adopter and adopted, adopter and descendant or spouse of the adoptee, adoptee and spouse of the adopter, adopted children of the same person, between them, and adopted and adopted. The impediments derived from simple adoption will subsist as long as it is not annulled.
- Straight line affinity in all grades.
- Be under eighteen years old.
- Having been the author, accomplice or instigator of the intentional homicide of one of the spouses.
- Permanent or temporary loss of reason, for any reason.
- Deaf-muteness that affects a spouse and does not know how to express his will unequivocally in writing or otherwise.
Nullity of marriage
It means disabling any marriage bond, because in said celebration there are or have been vices that make it difficult for it to generate effects. In other words, it is a statement that the alleged marriage never happened. It should be added that nullity (or annulment) is not the same as divorce.
Divorce is a declaration that a valid marriage ends, while nullity is a declaration that a valid marriage never existed.
It is important to know that the annulment of a church has no legal effect. It does not mean that you cannot legally remarry, although it may mean that in the eyes of the church you cannot remarry.
Null marriage
It is that marriage considered as legally non-existent since it does not meet the requirements to be established as such. In this case, it is essential that the person obtain an order from a court declaring that the marriage has been annulled.
These are some of the causes in which a nuptial link can be declared invalid
- Bigamy: one of the spouses is already married to another person.
- First degree consanguinity: A father cannot marry his children or grandchildren. Siblings cannot marry each other, nor uncles with nephews.
- Impediment of impotence in both men and women: It means that the marriage has not been consummated sexually due to a physical or mental impediment of either of the two spouses.
Marriage voidable
A marriage is considered voidable when it meets all the requirements for that purpose. For this, the person must go to a court and request the issuance of an annulment decree. The court will decide according to the evidence presented, whether the marriage is voidable or not. If the court decides that your marriage is voidable, then it will declare that your marriage was invalid from the beginning.
Pictures of marriages
Below are a series of images related to this important act of love, such as marriage
