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Spouse

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A spouse is a significant other person within a marriage. If the spouse is female, she is called a wife. If the spouse is male, he is called a husband.

John Deveney and family - DPLA - 0829acbecf1394fbc243da45a26b51e3
John Deveney and family - DPLA - 0829acbecf1394fbc243da45a26b51e3

The legal status of a spouse involves specific rights and obligations. These rules are usually found in family law statutes. In some parts of the world, civil marriage is not common. Instead, people follow customary marriage. This type of marriage is regulated informally by the local community. In these systems, spousal rights often relate to the exchange of goods. These exchanges might include a bride price, a dowry, or a dower.

Historically, many societies treated male and female spouses very differently. Men often held much more power within the marriage. They typically controlled marital property and inheritance rights. Men also often had the right to dictate the activities of children. These rights were rarely given to female partners in the same way. However, these practices changed significantly during the twentieth century. Many modern statutes now define rights and duties without mentioning gender. Laws are moving toward treating both spouses as equals.

Different countries have passed specific laws to achieve this equality. In 1981, Spain abolished the rule that women needed a husband's permission for legal proceedings. In 1983, new legislation guaranteed equality between spouses and abolished the dowry. Switzerland was one of the last European countries to establish full gender equality in marriage. In 1985, a referendum in Switzerland guaranteed legal equality for women. These reforms officially came into force in January 1988. France also saw many changes during this era. In 1965, French women gained the right to work without permission. By 1970, a man's paternal authority over his family ended. Finally, in 1985, a reform stopped husbands from having sole power over children's property.

Despite these changes, some marriage laws still grant authority to husbands. For example, Article 1105 of the Civil Code of Iran states the husband is the head of the family. This is considered an exclusive right of the husband. In other jurisdictions, the inability to perform marital obligations can lead to divorce. This might also lead to legal separation or an annulment. In many Roman Catholic countries, divorce was introduced quite late. Italy allowed it in 1970, and Portugal in 1975. Brazil introduced it in 1977, and Spain in 1981. Argentina began in 1987, and Paraguay in 1991. Colombia and Ireland followed in 1991 and 1996. Chile and Malta were the latest, in 2004 and 2011.

Marriage dissolution can be complicated by the exchange of goods between families. This is common in places where marriages are arranged. If a woman wants to leave a marriage, it may be difficult. In some parts of Africa, a wife may be seen as belonging to the husband's family once a bride price is paid. If she leaves, the husband may demand the bride price back. Often, the girl's family cannot or does not want to pay this amount. These customs can make it hard for people to exit a marriage.

There are also international standards regarding the minimum age for marriage. According to the United Nations Population Fund, rules vary by country. In 2010, 158 countries reported that 18 was the minimum age for women to marry without consent. However, 146 countries allow girls younger than 18 to marry with parental permission. In 52 of those countries, girls under 15 can marry with consent. For males, 18 is the legal age without consent in 180 countries. Still, 105 countries allow boys to marry with parental authority. In 23 countries, boys under 15 can marry with parental consent.

Spouses also face different social expectations regarding procreation. In Western countries, some spouses choose not to have children. In other regions, there are greater expectations for couples to procreate. In northern Ghana, for example, the payment of a bride signifies a requirement to bear children. In such areas, women using birth control may face threats or coercion. Finally, the way a spouse is chosen varies greatly. Some people enter love marriages, while others enter arranged marriages. Forced marriage is different and is a criminal offense in some countries. In those jurisdictions, such a marriage may be considered void or voidable.

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