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The Decline of Formal Marriage: Inevitable Or Reversible?
Brooklyn Law School BrooklynWorks Faculty Scholarship 2007 The eclineD of Formal Marriage: Inevitable or Reversible? Marsha Garrison Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Family Law Commons Recommended Citation 41 Fam. L. Q. 491 (2007) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. The Decline of Formal Marriage: Inevitable or Reversible? MARSHA GARRISON* I. Introduction All over the industrialized world, marriage is in decline. Cohabitation, which has waxed as marriage has waned, is a much less stable relational form. In the United States, half of all cohabiting relationships dissolve within eighteen months;' in both North America and Europe, children born to cohabiting parents are two to four times more likely to experience their parents' separation than are children born to married parents.2 Cohabitation is also a more variable relational form than marriage. * Professor of Law, Brooklyn Law School. Research for this article was supported by the Brooklyn Law School Faculty Fund. 1. See Patrick Heuveline & Jeffrey M. Timberlake, The Role of Cohabitation in Family Formation: The United States in ComparativePerspective, 66 J. MARRIAGE & FAM. 1214, 1223 tbl.2 (2004). Although the average duration of U.S. cohabitation does not appear to be increas- ing (see Andrew J. Cherlin, Toward a New Home Socioeconomics of Union Formation,in THE TIES THAT BIND: PERSPECTIVES ON MARRIAGE AND COHABITATION 126, 135 (Linda J. Waite ed., 2000) [hereinafter THE TIES THAT BIND] (summarizing evidence)), the duration of cohabitation may be increasing in some other countries. -
Divorce Before Consummation” As a Legal Category in Jordanian Sharia Courts #Fictions Written by Geoffrey Hughes May 3, 2016
[tabgroup layout="vertical"] The Emergence of “Divorce Before Consummation” as a Legal Category in Jordanian Sharia Courts #fictions written by Geoffrey Hughes May 3, 2016 Today’s inquiry into the nature of legal fictions takes us to Jordan’s government- run Sharia courts, where the concept of “divorce before consummation” ṭalāq( qabl al-dakhūl) has become something of a “living fiction.” Nowadays, “divorce before consummation” is dutifully tracked through the Sharia Courts’Annual Statistical Report in its section on divorces. Those figures are (somewhat ironically) further disseminated by dissident Islamic intellectuals in their critiques of the state, its courts, and the broader society. A representative sample of over 800 marriage contracts dating from 1926 to 2011 that I constructed shows that the category of “divorce before consummation” appeared relatively suddenly in marriage contracts in the late nineties, after which point a small but consistent number of contracts in the sample invoked the category. Interviews with Court officials and experts in customary law reveal that secular officials in governors’ 1 of 9 [tabgroup layout="vertical"] offices have been obviating Sharia Court authority for decades in extreme cases of “divorce before consummation” in the name of public order. Yet despite solving an immediate problem by filling a gap in the courts’ system of terminology for personal [marital] status, the concept has simultaneously become a sort of platform from which people can voice critiques of not only the broader society but also the state and the courts themselves. As I have argued elsewhere (Hughes 2015), Jordan is home to a number of overlapping codes of family law. -
Canonical Procedures
CANONICAL PROCEDURES MARRIAGE, SACRAMENTAL RECORDS, ASCRIPTION TO CHURCHES SUI IURIS Diocese of Cleveland CANONICAL PROCEDURES MARRIAGE, SACRAMENTAL RECORDS, ASCRIPTION TO CHURCHES SUI IURIS April 2014 (minor revisions September 2016) THE TRIBUNAL OF THE DIOCESE OF CLEVELAND 1404 East Ninth Street, Seventh Floor Cleveland, OH 44114-2555 Phone: 216-696-6525, extension 4000 Fax: 216-696-3226 Website: www.dioceseofcleveland.org/tribunal CANONICAL PROCEDURES TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................................................... V FOREWORD .................................................................................................................................................. IX PURPOSE OF THIS BOOKLET ......................................................................................................................... XI I. THE PRE-NUPTIAL FILE ............................................................................................................................... 1 A. INFORMATION FOR MARRIAGE FORM .................................................................................................................. 1 1. Spiritual and Personal Assessment Sections ........................................................................................... 1 2. Canonical Assessment Section ................................................................................................................ 1 3. Marriage Outside of Proper -
Marriage, Legitimacy, and Intersectional Identities in the Sixteenth-Century Spanish Empire Jennifer Brooks Macalester College, [email protected]
Macalester College DigitalCommons@Macalester College History Honors Projects History Department 4-2016 Marriage, Legitimacy, and Intersectional Identities in the Sixteenth-Century Spanish Empire Jennifer Brooks Macalester College, [email protected] Follow this and additional works at: http://digitalcommons.macalester.edu/history_honors Part of the History Commons Recommended Citation Brooks, Jennifer, "Marriage, Legitimacy, and Intersectional Identities in the Sixteenth-Century Spanish Empire" (2016). History Honors Projects. Paper 21. http://digitalcommons.macalester.edu/history_honors/21 This Honors Project is brought to you for free and open access by the History Department at DigitalCommons@Macalester College. It has been accepted for inclusion in History Honors Projects by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. Marriage, Legitimacy, and Intersectional Identities in the Sixteenth-Century Spanish Empire Jennifer Brooks Project Advisor: Professor Ernesto Capello History Department Macalester College Submitted April 26, 2016 2 Table of Contents Acknowledgements ............................................................................................................4 General Introduction .........................................................................................................5 A Relevant Timeline of the Conquest of the Aztec Empire .........................................12 An Interpreter Re-interpreted: The Life and Legacy -
Plaintiff-Appellee, : No. 13AP-976 V. : (C.P.C
[Cite as Patel v. Patel, 2014-Ohio-2150.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Aavaben K. Patel, : Plaintiff-Appellee, : No. 13AP-976 v. : (C.P.C. No. 13DR-02-511) Bkamikkumar J. Patel, : (REGULAR CALENDAR) Defendant-Appellant. : ________ D E C I S I O N Rendered on May 20, 2014 _______ Sonjay K. Bhatt, for appellee. Ron Khasawneh, for appellant. ______ APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations DORRIAN, J. {¶ 1} Appellant, Bkamikkumar J. Patel ("appellant"), appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, granting a decree of annulment of his marriage to appellee, Aavaben K. Patel ("appellee"), and finding his counterclaim for divorce to be moot. For the following reasons, we affirm. {¶ 2} Appellant and appellee are both of Indian descent and are practicing Hindus. Their parents arranged their marriage, which was legalized on April 12, 2011, in Franklin County. Appellee had met appellant, for a few hours at a time, on several occasions prior to legally marrying him. Consistent with their religious beliefs, however, the parties agreed that they would not consummate their marriage until after a Hindu wedding ceremony had been celebrated. They initially planned for the Hindu ceremony to take place in December 2011. Accordingly, after the civil marriage ceremony, appellant, a mechanical engineer, No. 13AP-976 2 returned to his home in Maryland, where he was employed, and appellee continued to live with her parents in Franklin County. {¶ 3} Appellee's mother, however, became seriously ill and the couple postponed their planned December 2011 Hindu wedding ceremony. -
Chapter 51. Marriage. Article 1. General Provisions. § 51-1
Chapter 51. Marriage. Article 1. General Provisions. § 51-1. Requisites of marriage; solemnization. A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: (1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and b. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or (2) In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe. Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation. (1871-2, c. 193, s. 3; Code, s. 1812; Rev., s. 2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493; 1945, c. 839; 1965, c. 152; 1971, c. 1185, s. 26; 1977, c. 592, s. 1; 2000-58, ss. 1, 2; 2001-14, ss. 1, 2; 2001-62, ss. 1, 17; 2002-115, ss. 5, 6; 2002-159, s. 13(a); 2003-4, s. 1; 2005-56, s. 1; 2007-61, s. 1; 2009-13, s. 1; 2012-194, s. 65.4(a).) § 51-1.1. Certain marriages performed by ministers of Universal Life Church validated. Any marriages performed by ministers of the Universal Life Church prior to July 3, 1981, are validated, unless they have been invalidated by a court of competent jurisdiction, provided that all other requirements of law have been met and the marriages would have been valid if performed by an official authorized by law to perform wedding ceremonies. -
Marriage Laws Around the World
1 PEW RESEARCH CENTER Marriage Laws around the World COUNTRY CODED TEXT Source Additional sources Despite a law setting the legal minimum age for marriage at 16 (15 with the consent of a parent or guardian and the court) for girls and 18 for boys, international and local observers continued to report widespread early marriage. The media reported a 2014 survey by the Ministry of Public Health that sampled 24,032 households in all 34 provinces showed 53 percent of all women ages 25-49 married by age 18 and 21 percent by age 15. According to the Central Statistics Organization of Afghanistan, 17.3 percent of girls ages 15 to 19 and 66.2 percent of girls ages 20 to 24 were married. During the EVAW law debate, conservative politicians publicly stated it was un-Islamic to ban the marriage of girls younger than 16. Under the EVAW law, those who arrange forced or underage marriages may be sentenced to imprisonment for not less than two years, but implementation of the law remained limited. The Law on Marriage states marriage of a minor may be conducted with a guardian’s consent. By law a marriage contract requires verification that the bride is 16 years of age, but only a small fraction of the population had birth certificates. Following custom, some poor families pledged their daughters to marry in exchange for “bride money,” although the practice is illegal. According to local NGOs, some girls as young as six or seven were promised in marriage, with the understanding the actual marriage would be delayed until the child [Source: Department of reached puberty. -
Romancing the Other: Non-Christian and Interfaith Marriage in Late Middle English Literature, 1300-1450
ROMANCING THE OTHER: NON-CHRISTIAN AND INTERFAITH MARRIAGE IN LATE MIDDLE ENGLISH LITERATURE, 1300-1450 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Jennifer Mary Gianfalla, M.A. ***** The Ohio State University 2009 Dissertation Committee: Approved by Professor Lisa J. Kiser, Advisor Professor Richard Firth Green Professor Karen A. Winstead ____________________________ Advisor English Graduate Program ABSTRACT This dissertation makes a significant contribution to postcolonial medieval studies by examining how fourteenth- and fifteenth-century Middle English authors use representations of non-Christian and interfaith marriages to enter a wider Christian European discourse centered around the threat of the religious Other. Because such marriages are not well documented historically in medieval England, my dissertation argues that their portrayal is not a reflection of actual practice, but rather a fantasy that allows these authors to engage actively in maintaining and defending the dominance of Christianity and the Catholic Church. As my readings show, these texts serve to bolster the Church’s campaign against non-Christians by moving this campaign to marriage’s domestic sphere. Marriage is thus not only politically important, as it enables alliances to be forged among kingdoms and nations; it is now also religiously important, as it becomes a means for the culture to fantasize about the extent to which Christianity can dominate. The texts I examine cover an extensive period of the later Middle Ages, ranging from 1300 to 1450; the period of one hundred fifty years indicates that authors maintained an interest in conversion as a consequence of marriage and suggests that this motif was pervasive. -
Sacramental Woes and Theological Anxiety in Medieval Representations of Marriage
University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2016 When Two Become One: Sacramental Woes And Theological Anxiety In Medieval Representations Of Marriage Elizabeth Churchill University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the English Language and Literature Commons, and the Religion Commons Recommended Citation Churchill, Elizabeth, "When Two Become One: Sacramental Woes And Theological Anxiety In Medieval Representations Of Marriage" (2016). Publicly Accessible Penn Dissertations. 2229. https://repository.upenn.edu/edissertations/2229 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/2229 For more information, please contact [email protected]. When Two Become One: Sacramental Woes And Theological Anxiety In Medieval Representations Of Marriage Abstract This dissertation traces the long, winding, and problematic road along which marriage became a sacrament of the Church. In so doing, it identifies several key problems with marriage’s ability to fulfill the sacramental criteria laid out in Peter Lombard’s Sentences: that a sacrament must signify a specific form of divine grace, and that it must directly bring about the grace that it signifies. While, on the basis of Ephesians 5, theologians had no problem identifying the symbolic power of marriage with the spiritual union of Christ and the Church, they never fully succeeded in locating a form of effective grace, placing immense stress upon marriage’s status as a signifier. As a result, theologians and canonists found themselves unable to deal with several social aspects of marriage that threatened this symbolic capacity, namely concubinage and the remarriage of widows and widowers. -
Abstract Women's Marital Property in Shakespeare's
ABSTRACT WOMEN’S MARITAL PROPERTY IN SHAKESPEARE’S ALL’S WELL THAT ENDS WELL AND MEASURE FOR MEASURE by Christian Brant Williams Many scholars have investigated the bed trick and its significance within the context of gender and sexuality in two of Shakespeare’s plays, All’s Well That Ends Well and Measure for Measure. Yet, I contend that an analysis and discussion of the physical bed is as important as the trick itself. Just as the trick has brought about important discussions relating to men’s and women’s sexual experiences in the early modern era, an examination of the physical bed and Helena’s and Mariana’s return thereto, illuminates the different yet equally important issues surrounding early modern women’s marital property. In this thesis, I will demonstrate that despite restrictive and limiting coverture laws of the time, both plays indicate that early modern married women were experiencing more autonomy over their own persons and possessed more rights to property than is often associated with or discussed in relation to the early modern era. WOMEN’S PROPERTY IN SHAKESPEARE’S ALL’S WELL THAT ENDS WELL AND MEASURE FOR MEASURE Thesis Submitted to the Faculty of Miami University in partial fulfillment of the requirements for the degree of Master of Arts by Christian Brant Williams Miami University Oxford, Ohio 2017 Advisor: Cynthia Klestinec Reader: Katharine Gillespie Reader: James Bromley ©2017 Christian Brant Williams This thesis titled WOMEN’S MARITAL PROPERTY IN SHAKESPEARE’S ALL’S WELL THAT ENDS WELL AND MEASURE FOR MEASURE by Christian Brant Williams has been approved for publication by The College of Arts and Science and Department of English ____________________________________________________ Cynthia Klestinec _______________________________________________________ Katharine Gillespie __________________________________________________ James Bromley Table of Contents Dedication ..................................................................................................................................... -
Asking the Courts to Consider an Annulment in Colorado
Colorado Legal Services Legal help for low-income Coloradans seeking assistance with civil legal needs www.coloradolegalservices.org Asking the Courts to Consider an Annulment in Colorado 1 - What is an annulment? In Colorado, an annulment is called a "Declaration of Invalidity". When a marriage is annulled, or declared 'invalid', it is as if the marriage never existed. Marriages are declared invalid as of the date of the (attempted) marriage. C.R.S. 14-10-111 (5). 2 - How long do I have to live in CO before I can file for an annulment? A person must be a resident of Colorado for thirty days before filing an action for annulment with the courts. However, there is no time limitation or waiting period in which you have to live in Colorado if you were married in Colorado. C.R.S. 14-10-111 (7). 3 - How do the courts decide whether a marriage can be annulled, or not? Here are the reasons a court can use to declare a marriage invalid, along with the time limits to file for annulment based upon each reason.. Consent: A party to the marriage lacked the capacity (ability) to consent/agree to the marriage, either due to a mental condition or due to the influence of alcohol, drugs, etc. An annulment action must be filed within six months of learning that one of the parties lacked the ability to consent to the marriage. Consummation: A party lacked the physical capacity to consummate the marriage (have sexual intercourse), and the other party didn't know this at the time of the marriage. -
Marriage As a Christian Vocation Families Following Christ, “Connecting with Your Spouse” St
1 Marriage as a Christian Vocation Families Following Christ, “Connecting with Your Spouse” St. Joseph’s Cody Family Enrichment Center, Jacksonville Bishop Felipe J. Estévez, June 1, 2016 Dear Friends, I am delighted to be with you today for this most important conference on “Connecting with your Spouse,” the first of the Families Following Christ Summer Marriage Series. There is hardly a more important work that couples can do for their families than to be united, communicative, and faithful to each other. It is good for you to periodically withdraw from your daily affairs in order to invest yourselves in your marriage. I pray that this spiritual retreat and time away from home will have a profound impact on your marriage and ultimately, on your family. I am grateful to Jeff Mall for the invitation to be here with you and to talk a little about the Catholic concept of “Marriage as a Vocation.” I also thank Brandon and Katie Duncan for their tremendous work in coordinating all the activities of this three-month series. Marriage as a paradigm To start, let me make an observation about the covenantal relationship that we all have with our God. We are immersed in a great mystery, one which God spoke about from the first page of the Bible to the last – it is the mystery of God’s love for sinful man. From the moment of creation to the final consummation of the world, this mystery is played out in human history, and every one of us is a part of it.