Marriage Formation Research Articles

The Law Commission's Project on Weddings Law Reform

The Law Commission has consulted on provisional proposals for reform of the law governing how and where couples can get married in England and Wales. This article gives an overview of those proposals, with particular focus on religious weddings, including Anglican weddings. It examines proposed changes to each aspect of the process of getting married, from the preliminaries to the people required to officiate at the wedding, the permitted locations and the rules governing the content of the ceremony. The article argues that the legal status of marriage itself is highly flexible, recognising a range of unions. The proposed reforms aim to reflect the diverse range of views about the meaning of marriage, and ensure that the way in which the law recognises a legally binding wedding fits with the many different traditions according to which religious groups celebrate the formation of marriage.

Prediction of Marital Adjustment in the Context of Personality Traits, Relationship Beliefs and Conflict Resolution Styles (Sample of Diyarbakır)

In this study, whether there is a significant relationship between the personality traits, relationship beliefs, and conflict-resolution styles and whether there is any significant difference between some demographic variables with respect to marital adjustment were investigated. Additionally, the prediction of marital adjustment regarding personality traits, relationship beliefs, and conflict resolution styles was aimed. The study was conducted with 656 married individuals in total: 292 women and 364 men. Dyadic Adjustment Scale (DAS), Five-Factor Personality Inventory (FFPI), Relationship Beliefs Inventory (RBI), Conflict Resolution Styles Inventory (CRSI), and Personal Information Form were applied to the married couples in the research. The Pearson correlation coefficient methods, one-way ANOVA analysis, and stepwise regression analysis were used to analyze the data obtained. A positive relationship was found between total scores of dyadic adjustments and positive conflict, extraversion, agreeableness, conscientiousness, and openness to experience scales. A negative relationship was found between total scores of dyadic adjustment scale and negative conflict, neuroticism, disagreement is destructive, genders are different and partners don’t change subscales. It has been concluded that the marital adjustment of the individuals varies according to their gender, age, number of children, and marriage formation type variables. It has also been found that the strongest variables that predict marital adjustment are neuroticism in terms of personality traits, positive conflict, negative conflict, and withdrawal in terms of conflict-resolution styles, and partners don’t change and disagreement is destructive in terms of relationship beliefs. The results obtained were tried to be discussed under the light of the relevant literature.

Counting Couples: The Marriage Banns Registers of the City of Amsterdam, 1580–1810

Abstract Marriage is generally regarded as a decisive moment in the life course of individuals. As the social, but also the legal status of women and men changes as soon as they enter marriage and – by extension – their preceding wedding engagement, registers are and were being kept to record this life event in most societies. The difficulty in studying the long-term development of marriage patterns is the need for, among other things, detailed information about the marriage formation process. Most of the research on marriage patterns is based on a limited amount of data. Data either cover only a limited period (at most several consecutive decades), a limited number of variables, a relatively small number of marriages, and/or a relatively small town or region. The Amsterdam marriage banns registers are an exception to the above, in terms of content, focus area, and volume. In this article, we present the dataset results of the Citizen Science project ‘Ja, ik wil!’ [‘Yes, I do!’], involving over 500 participants retrieving a wide range of socio-economic data on over 94,000 couples from the rich source of the historical Amsterdam marriage banns registers, covering every fifth year between 1580 and 1810.

IV. Innocent III: A Lawyer-Pope and His Consensual “Policy” of Marriage? A Reconsideration

Abstract This article intervenes in the previous scholarly conversations of Kenneth Pennington, Charles Donahue, Jr., and Anne J. Duggan and suggests through the reassessment of the surviving evidence, a revisionist interpretation. It argues that Pope Innocent III (1198–1216) was not only a pope with legal expertise reflected in the remarkable consistency of his numerous decisions concerning cases of marriage formation that came to his attention in an ad hoc manner, but also, that he was, and he believed himself to be a legislating pope through his plenitude of power. He, rather than Alexander III (1159–1181), was responsible for creating and implementing the consensual “policy”, in the strictest definition of the term, for the formation of Christian marriage. Through a careful investigation of the pertinent papal letters of Innocent III found primarily in his registers, this article reconfirms and demonstrates Stephan Kuttner’s impression of the consistency of the letters as internal proof of the pope’s legal skill that he suggested long ago in 1974.

Distinguishing: Appointment, Recognition of Children and Ratification of Children Based on Law Number 23 of 2006 concerning Population Administration

Article 4 7(1) of Law No 23 of 2006 on the Administration of the Population (Adminduk) provides that the adoption of children is a legal act to transfer the rights of the child from the families of parents, legal guardians and others responsible for the care, education and bringing of children into the families of their adoptive parents by decision of the Court Basing this child acceptance on the concept or limitation of child adoption is a legal act with certain law-controlled goals and aims and inevitable legal consequences, such as the bodily and psychological responsibility of the child he or she accepts. Kid Recognition is a father's recognition of his kid born from lawful marriage with the agreement of the biological mother of the child. Kid acknowledgment is meant to provide the child a biological father/father, as well as legal civil ties. The provisions mentioned in the Elucidation of Article 49(1) of the Adminduk Law are acknowledgments that can only be made by the father/father, in this case there is no mother's acknowledgement; in other words, it is not automatically necessary to prove that the child was not born by the mother concerned. Elucidating Article 50(1) of the Child Legalization Administration Law is the ratification of the status of a child born outside the legal marital bond while registering the marriage of the child's two parents. Article 50(1) of the Administrative Law requires parents to notify the child's ratification to the Implementing Agency no later than 30 (thirty) days after the child's father and mother marry and acquire a marriage certificate. Child Recognition or Child Ratification can be performed for children born outside formal marriage. If the child's acknowledgement is restricted to a disclosure from his biological father, accepted by his birth mother, without being followed by the parents' marriage, yet in the Child Legalization, the child's mother and father are married. When documenting the wedding, the youngster is recognized as their biological kid. And this kid's ratification is a legal endeavor (rechtsmiddel) to offer a position as a legitimate kid through marriage by his parents.

Distinguishing: Appointment, Recognition of Children and Ratification of Children Based on Law Number 23 of 2006 concerning Population Administration

Article 4 7(1) of Law No 23 of 2006 on the Administration of the Population (Adminduk) provides that the adoption of children is a legal act to transfer the rights of the child from the families of parents, legal guardians and others responsible for the care, education and bringing of children into the families of their adoptive parents by decision of the Court Basing this child acceptance on the concept or limitation of child adoption is a legal act with certain law-controlled goals and aims and inevitable legal consequences, such as the bodily and psychological responsibility of the child he or she accepts. Kid Recognition is a father's recognition of his kid born from lawful marriage with the agreement of the biological mother of the child. Kid acknowledgment is meant to provide the child a biological father/father, as well as legal civil ties. The provisions mentioned in the Elucidation of Article 49(1) of the Adminduk Law are acknowledgments that can only be made by the father/father, in this case there is no mother's acknowledgement; in other words, it is not automatically necessary to prove that the child was not born by the mother concerned. Elucidating Article 50(1) of the Child Legalization Administration Law is the ratification of the status of a child born outside the legal marital bond while registering the marriage of the child's two parents. Article 50(1) of the Administrative Law requires parents to notify the child's ratification to the Implementing Agency no later than 30 (thirty) days after the child's father and mother marry and acquire a marriage certificate. Child Recognition or Child Ratification can be performed for children born outside formal marriage. If the child's acknowledgement is restricted to a disclosure from his biological father, accepted by his birth mother, without being followed by the parents' marriage, yet in the Child Legalization, the child's mother and father are married. When documenting the wedding, the youngster is recognized as their biological kid. And this kid's ratification is a legal endeavor (rechtsmiddel) to offer a position as a legitimate kid through marriage by his parents.

COMPARATIVE STUDY ON MARRIAGE PROMISES IN INDONESIA AND JORDAN IN OVERVIEW OF MASLAHAT

The development of Islamic family law (al-Ahwal al-Syakhshiyah) in modern Islamic countries can be said to be a new format that accommodates the ideas of reforming Islamic law thought, including the position of marriage vows. The new thing in family law can be seen from the transition from fiqh law to positive law in the form of legislation in Muslim countries. Indonesia and Jordan, are one of the few Muslim countries that legalize marriage vows in legislation. The problem is how the form of marriage vows legislation in each of these countries. This study aims to determine the philosophical meaning and model of its renewal in each of these countries. The concept of maslahat that is applied in the legislation on marriage vows in Indonesia and Jordan is the concept of achieving a goal of Islamic law itself, to achieve a legal benefit and reject harm or with the principle of preserving an existing law or rule that is considered good, and developing it by law, or more beneficial rules. The formation of marriage vows legislation in Indonesia and Jordan cannot be separated from the local wisdom possessed by each of these countries, so that the concept of maslahat applied in marriage covenant legislation in each country has its own characteristics, each country makes taklik talak a promise. marriage that must be obeyed by both parties.Keywords: Comparative, Marriage Promise, Indonesia, Jordan

Labour market uncertainty and the economic foundations of marriage in South Korea

ABSTRACT Using data from the Korean Labor and Income Panel Study (1998–2014), this study examines how various indicators of socioeconomic status (SES) (i.e. education, employment status, occupation, and earnings) are associated with the transition to first marriage for South Korean men and women. Results from discrete-time event-history analysis show that all SES indicators are strongly associated with the timing of marriage for men and that there is a clear SES gradient for men's marriage entry. In addition, women with high SES (regular, white-collar jobs, and the highest earnings) are more likely to get married than those with lower SES. We also find that securing a regular job is a significant factor for marriage formation regardless of gender. These results indicate that among those with high SES in South Korea, the economic foundations of marriage appear to be characterised by the cooperation model.

Does the birth of a child still prompt a marriage? A comparison of Austria, France, Germany and Hungary

ABSTRACT Austria, France, Germany, and Hungary are four neighbouring European societies all with conservative welfare regimes, yet with distinct institutional and structural features. We investigate how these differences shape a particular example of culturally contingent behaviour: cohabiting couples’ marriage behaviour when they have a child. Based on a discussion of relevant differences in family policy, legal frames and normative contexts, we develop hypotheses on country-specific marriage patterns. We test these hypotheses using longitudinal data from the Generations and Gender Programme (GGP) and the German Family Panel (pairfam). A number of relevant covariates were harmonized in order to be able to control for potential confounders which may affect the fertility process as well as marriage formation. Using discrete-time event history analysis, we observe robust differences in the effects of fertility on the marriage rate of cohabiting couples between the four countries. Pregnancy increases the marriage rate in Austria, Germany and Hungary, whereas no significant effect of fertility is found for France. After childbirth, the transition rate drops to its pre-pregnancy level in Austria and Germany and even below that in Hungary. Our findings point to a critical role of the socio-cultural context in which couples make relevant decisions about their private lives.

Love, life, and “leftover ladies” in urban China: Staying modernly single in patriarchal traditions

The population in urban China has shown rising age at first marriage and declining marriage rates, especially among college educated professional women who are in their late 20s or their 30s. We investigate the determinants of marriage formation for urban women aged 27 or above who tend to be termed “leftover ladies”. We estimate a recursive mixed-equation model to describe correlated profiles of career, education and marriage. Conventional social norms on gender, especially patriarchy, still prevail. Factors that are not favorable for a conventionally wifely role reduce women's likelihood of marriage. In particular, we reveal a “marital college-discount” of college education. It reduces the probability of marriage by 2.88%–3.6% and a postgraduate degree further oppresses it by 8.4%–10.4%. Favorable characteristics such as facial attractiveness only raises the likelihood of marriage formation for non-college educated women, while pushing up non-marriage probabilities for women with at least college degrees.

Unificación internacional de criterios legales regulatorios de la unión marital de hecho en la globalización

La falta de reconocimiento igualitario de los concubinatos en las legislaciones de diversos países, conduce a que en la actualidad, y como efecto de la migración constante propia de la globalización, no se garanticen los derechos o privilegios que su acreditación o reconocimiento internacional podría conceder, tanto en los aspectos económicos como de salud y familiar en general, situación que se vivencia en los casos en que miembros de las uniones formales o matrimonios se trasladan de un país a otro, pues se respetan sus derechos en cualquier lugar de la orbe mientras cualquier derecho le es negado a quienes tienen lazos maritales de facto.

Contraceptive use and fertility behaviour among Syrian migrant women

Objectives This study aimed to investigate fertility behaviours and contraceptive use among Syrian migrant women in western Turkey. Methods An epidemiological, single-centre, cross-sectional, descriptive study was conducted. The survey collected data on sociodemographic characteristics and types of marriage, use of contraceptive methods and fertility behaviours among 223 Syrian migrant women. Results The women’s mean (± standard deviation) age range was 29.6 ± 9.1 (range 18–49) years; 29.6% had no formal marriage status; 61.0% had had an arranged marriage. The mean age at first pregnancy was 19.5 ± 3.4 (13–39) years; 26.4% had become pregnant before the age of 18. In total, 94.2% of participants had knowledge of contraceptive methods. However, 47.5% did not use contraception and the main reason for this was to become pregnant again. Intrauterine devices and oral contraceptive pills were known as contraceptive methods by 67.7% and 72.2% of women, but used by only 16.1% and 8.5%, respectively. Withdrawal (22.0%) was the most used contraceptive method. There was a risk of unwanted pregnancy in 13.0% of participants. Arranged marriage and low educational level were determined to be risk factors for adolescent pregnancy. Conclusion Although Syrian migrant women were aware of contraceptive methods, the rate of method use was low.

Marriage for the Sake of Parents? Adult Children's Marriage Formation and Parental Psychological Distress in China

ObjectiveDrawing on the stress process from a life course perspective, this study examines the association between children's overage singlehood and parental psychological distress.BackgroundChildren's unfulfilled roles may have a consequence on parental well‐being. Parents may suffer from stress due to children's overage singlehood indicated by unmarried status beyond socially expected ages in some areas of the world. Parents may see it as their own failure to fulfill their parental role and children's failure to establish a family life.MethodDrawing on data from the China Health and Retirement Longitudinal Study, this study firstly uses Inverse Probability of Treatment Weighting to handle the pretreatment bias, and it is then further advanced by testing the potential mechanisms underlying the relationship between children's marriage formation and parental well‐being.ResultsThe results reveal that sons' overage singlehood is associated with a higher level of parental depression. Moreover, parental satisfaction with intergenerational relationships serves as a mediation factor between a son's overage singlehood and parents' depression. Although economic support for parents shows no significant effect on parental depression, it shows a similar pattern in reducing the effect of son's overage singlehood on parental depression.ConclusionThese findings not only demonstrate the reluctance for cultural change in marriage formation timing and gender‐specific role expectations on children by parents, but also reveal the interplay effects of cultural continuity and the modernization process from an intergenerational perspective.

Child Marriage in Canada

AbstractChild marriage, defined as formal or informal marriage before the age of 18, is a globally recognized indicator of gender inequality. Canada has placed itself at the forefront of global efforts to end child marriage as part of its commitment to the United Nations Sustainable Development Goals. Despite these global aspirations, child marriage remains legal throughout Canada. Data from vital statistics agencies and recent censuses indicate that child marriage, although rare, is practiced across the country. In 2016, nearly 2,300 children between 15 and 17 years of age were in union, a prevalence of 0.2 percent. The vast majority (98 percent) of these were informal, common‐law unions. Demographic patterns of child marriage in Canada are similar to those observed in many low‐ and middle‐income countries. Girls were far more likely to be married as children than boys and typically wed much older spouses. There were marked differences in the prevalence of child marriage across the country, with the highest estimates found in Alberta, Manitoba, Saskatchewan, and the territories. These findings draw attention to the discrepancy between Canada's domestic law and its foreign policy. They also highlight thorny challenges inherent in efforts to eradicate this practice in Canada and elsewhere.

Mother–child relationships at the Mosuo

The author, a psychoanalyst and anthropologist, describes her observations of Mosuo culture in regard to family arrangements and child-rearing. Her psychoanalytically informed fieldwork leads to observations about how a matriarchal culture without formal marriage or fatherhood deals with issues of attachment, sexuality, aggression, and socially flexible yet stable social structure. She concludes with observations on her own experience in a culture quite unlike the European culture in which psychoanalytic ideas have been developed.

The Milk Al-Yamin Concept as a Validity of Sexual Relationship in a Modern Context: an Analysis of Muhammad Syahrur's Thoughts

In the understanding of fiqh turats, the concept of milk al-yamin is affecting the legal protection for oppressed slaves during the Jahiliyah period. According to Syahrur, the concept of milk al-yamin had similarities and differences with the marriage contract. The similarity lies in the ability to have sexual relations, while the difference is that a marriage contract is not merely a sexual relationship, but it has a legal effect on the production of the rights and obligations of a husband and wife to build a family, and other social activities related to mushaharah. Milk al-yamin does not arrive at the emergence of rights and obligations as husband and wife as a result of a marriage contract. The concept of milk al-yamin that Syahrur understands for the present context is how the legal proposition (the Quran) remains suitable with the current era, not to be eradicated historically because it is no longer relevant. He built a new logic for the concept of milk al-yamin in the present context, which is called ‘aqd ihsan. The concept of milk al-yamin understood by Syahrur enables the authorization of contractual marriages or mut'ah which were abolished according to the Sunni school of fiqh. The concept of contract marriage or mut'ah does not have general marriage conditions, because the purpose is not to build a family, but purely sexual relations, and does not belong to the category of formal marriage, although at the same time it is not haram. In consequence, the concept of milk al-yamin is not becoming a basis for legitimizing nonmarital sexual relations.

Socio-economic risk factors of hypertension in the elderly

Purpose. To assess the frequency of detection of essential hypertension in persons aged over 60 years depending on the socio-economic risk factors.Material and Methods. A total of 582 people aged 60 to 70 years were studied. All participants were surveyed to determine the level of education, income, professional affiliation, and family composition. Statistical data processing was carried out using Statistica 6.0 software. The significance level for statistical hypothesis testing in the study was <0.05.Results and Discussion. Hypertension occurred in 87.2% of rural residents and in 84.6% of urban residents (p = 0.429). This condition was diagnosed in 82.7% of men and 86.1% of women (p = 0.339). Regression analysis showed that holding a managerial position was associated with an increase in mean systolic blood pressure (SBP) by 3.1 mmHg (p = 0.013). Formal marriage or common-law marriage was associated with an increase in mean SBP by 2.4 mmHg (p = 0.034) and diastolic blood pressure (DBP) by 2.2 mmHg (p = 0.002). Living in rural areas was associated with decreased mean DBP by 1.66 mmHg (p = 0.015). The prevalence rates of hypertension were 90.5% in widows and 73.7% in women who had never been married (p = 0.031). No statistically significant differences were found between men with different marital status; however, the maximum prevalence of hypertension was observed among divorced men; the minimum prevalence was observed among widowers.Conclusions. There was no difference in the frequency of detection of hypertension between urban and rural older adults. The highest prevalence of hypertension among women was observed in widows; the lowest prevalence was found in women who had never been married. Among men, the highest prevalence of hypertension was observed in divorced persons; the minimum prevalence was detected in widowers, but the difference was not statistically significant.

Przygotowanie dalsze i bliższe do małżeństwa po Dekrecie ogólnym Konferencji Episkopatu Polski z 2019 r.

Getting married in the Catholic Church should be preceded by preparation divided into three stages: further, closer and direct. In Poland, since June 1st , 2021, an episcopal document is in force, specifying in particular canonical and pastoral talks with the engaged couples. The earlier stages of marriage formation have been discussed in scattered legal acts. These documents have the scope of the universal Church and the others are in force in Poland. This study summarizes the regulations that are in force in Poland, regarding further and closer marriage preparation. Some changes were suggested, for the welfare of marriage.

Laboring for the State: Women, Family, and Work in Revolutionary Cuba, 1959–1971. By Rachel Hynson (New York, Cambridge University Press, 2020) 314 pp. $39.99

Laboring for the State: Women, Family, and Work in Revolutionary Cuba, 1959–1971. By Rachel Hynson (New York, Cambridge University Press, 2020) 314 pp. $39.99

Partnership Living Arrangements of Immigrants and Natives in Germany.

This paper compares the partnership arrangements of Turkish and Ethnic German immigrants (i.e., return migrants from Ethnic German communities from predominantly Eastern European countries), the two largest migrant groups in Germany, and native Germans. Most existing analyses of migrants' partnerships focus on intermarriage, marriage formation, or union dissolution. We know only a little, however, about the prevalence of non-marital living arrangements. Given that single person households and cohabitation are widespread phenomena mainly in post-materialist societies, analyzing whether immigrants engage in these behaviors sheds light on potential adaptation processes. The analyses are based on the German Microcensus of the years 2009 and 2013, with a focus on adults in the 18–40 age group. First, we present descriptive findings on the prevalence of partnership arrangements of immigrants and native Germans. Second, we estimate cross-sectional regressions with the partnership arrangement as the outcome variable in order to control for compositional differences between immigrant groups with respect to education. Our results show that while the vast majority of first-generation immigrants are married, the share of married natives is considerably smaller. Living in an independent household without a partner and cohabitation are rare phenomena among immigrants. By contrast, about one in seven natives is cohabiting and more than one quarter is living in an independent household without a partner. The most prevalent partnership living arrangement of the Turkish second generation is living in the parental household without a partner. These results are robust after controlling for education, age, and year in the multiple regression analysis.