Definition and Law of Marriage and Divorce

Table of Content

Marriage and divorce


This essay could be plagiarized. Get your custom essay
“Dirty Pretty Things” Acts of Desperation: The State of Being Desperate
128 writers

ready to help you now

Get original paper

Without paying upfront

Marriage is an institution admitting a man and woman to family life; it is to living in the intimate personal relations of husband and wife for the primary purpose of begetting and rearing children. Marriage consist of the formal prescriptions which define the rights, duties, and privileges of husband and wife with respect to each other, their children, their relatives and large society at large.

In modern times two different concepts of marriage have develop. The legal point of view considered marriage as a contract entered into between a man and a woman to live together as a husband and wife for the discharge of the duties they legally assume to each other and the community.  The religious point of view (Catholic). As a sacrament, marriage is an inviolable bond which can only be dissolved upon the death of death of one of the spouse. Marriage brings together two persons into an intimate and compete degree of sublimation to each other.

People getting married in order to  form a unique bond of love, and the decision to marry indicates that couples have life time partner.  The honors of this partnership is requires active love, trust, loyalty, affectionate, communication, and touch on a daily basis. It also represents a permanent commitment to take care for each other. As we care ourselves.  A good marriage individuals  with a sence of meaning and self-identity in their lives. People  are generally happier and healthier when they are getting married.

II-        Marriage is the legal creation of the state of husband and wife between two parties who consent to enter into the relationship (Waller 5). The parties must obtain a marriage license in order to a valid ceremonial marriage which is recognized by the state  a marriage must be solemnized by a judge of a court of record; a public official  whose powers include solemnization of marriages; or religious society, religious institution, religious organization of the state, according to the rules of customs of the society, institution or organization. There are special rules which apply when one of the persons wishing to marry a male must be 16 years old upwards. And the female is 14 years old and both parties having a parental consent is required. If a male is 16 or over below 20 years old, and if the female is 14 or over but below 18 years old (Waller 7).

No marriage shall be solemnized unless all the requisites are  legal capacity of the contracting parties; there consent freely given; authority of the person performing the marriage (Waller, 11);  No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as a husband and wife. This declaration shall set forth in an instrument in triplicate, signed by signature or mark by the attested by the person solemnizing.

the marriage.

Marriage as an act- It is essentially voluntary and free there may be no action to compel specific performance of a promise to marry, between man and woman the sex of the parties must be different and only two parties may contract marriage (Persell 52). After contracting  marriage  it will be changes the civil status. The rights and duties of the parties to each other are fixed by law, not only by agreement. It cannot terminated by mutual agreement (Puno 82).  The breach of obligation does not allow recovery of damages, but sanctions are fixed by law.  The rights and obligations between husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help support. The husband shall fix the residence of the family. The husband is responsible for the support of the wife and the rest of the family. These expenses shall met first from the husband’s capital. The wife manages the affairs of the households.  The wife may exercise any profession or occupation or engage in business. However; the husband may object, provided his income is sufficient for the family, according to its social standing (Armstrong 41 – 43).

III-      Divorce – is the formal ending of marriage by law, or termination of marriage by legal action requiring a petition on complain for divorce, or (dissolution in from state by party) (Farlex 211).  There are two types of divorced of divorce – Absolute and limited; absolute divorce a judicial termination of a marriage base on marital misconduct or other statutory cause arising after the marriage ceremony. Status become single again. Limited divorce the consequences of limited divorce vary  from state to state. Typically, a limited divorced is

commonly referred to as a separation decree; the right of cohabitant is terminated by the marriage is undissolved and the status of the parties is not altered (Reyes 211 – 219).

Divorce are difficult for every one involved in many cases, the choice to divorce is deeply felt by both parties as a failure; and even more so when there is a children (Schwarttzil 33).  Even if one avoided, knowing that divorce are choices can be a liberating and empowering through and knowing you have this option can help you get through a difficult time.

The common law divorce which required proof in a court of law by the divorcing party that divorcee had done one of several enumerated things as a sufficient grounds for the divorce. To get the divorce you must have been married for  more than a years you must complete a form “Petition” giving a reasons why you are applying to show your marriage is definitely over, if you have children  you also complete a form so called  “ Statement of arrangement” in which you tell the court what plans you have made for the children once the divorce is final (Azurin, 47). The substantive issues of divorce are division of property, child custody,  spousal support child visitation.

The causes of divorce vary from the couple to couple, but one specific issue that is compounded by a lack of commitment to the marriage. The most common grounds of divorce include money, infidelity, abuse addiction, and career choices, however other common causes of divorce such as money, career issues lack of communication or emotional maturity, and incompatibility are often compounded by a genuine lack of concern for keeping the marriage in tack (Rich 53 – 54).

While money is reportedly the number one argument between a couple, it is unknown if this is actually the number one causes for divorce, because the generalized incompatibility grounds would cover a reason for divorce based on money issues, and  include the disagreement on child-rearing issues (Rich 55). It is difficult to determine the rate of divorce based on this issue as it is also considered incompatibility, otherwise it could be safe to say that of all the possible causes of divorce, incompatibility is the number one reason people file divorce.

IV –     A good marriage blessed with happy , respectful, successful  children is the crowning touch of a good life. From the beginning God revealed that marriage was a special union between man and woman because to it bluntly, that was the way to have children. Sexual intercourse between a male and female united in marriage produced children within the family. Yet the benefits of traditional marriage extend beyond reproduction (Persell 54) .

This are some tips how to maintain a good marriage; one is companionship the successful marriage is a deep friendship this means two people have a  deep respect, honoring and sincerity to enjoy each other.  Communication and effective problem solving, when you have a problem don’t try to solve a problem before you each understand. Look how you might be contributing to things going poorly take a break and pick  a back up when you both had time to calm down; remember that all couples will have a problems. It is how you handle that determine your happiness in your marriage and learn to accept this fact.

Commitment is the main foundation of marriage you have vowed to love and care for your husband and wife; whatever the situation, as long as you both shall live. Give then full attention everyday even fifteen minutes, if ever both are busy of there respective works make sure kids are elsewhere. Make a big deal of your wedding anniversary. Threat it like the birthday of your marriage; and never stop dating each other that’s what couple to do to fall in love (Conklin 37).

They need to be inspired to success by their wives and told that they can achieve and do more than they believe possible. Nothing means more to a husband than hearing his wife believes in him, stands behind him, knows and is confident that he will accomplish what he has set out to do. He must hear your support on a regular basis.

Though marriage appears to be merely a physical union, starting with a wedding ceremony performed by a man, it is actually a divine institution, created by God. As the true author of marriage, God understands what makes it succeed, bringing supreme happiness and joy; or fail, ending in divorce and broken lives. This same God clearly reveals this knowledge in His Word. For ever effect, there is a cause. When a marriage experience all the right effects yielding happiness, it is because right causes  have been understood and practiced.





Works Cited:


Armstrong, Herbet W. “Mystery of Ages”. Plain Truth Magazine. Vol. 13 No. 2. pp. 42-45, 1934.

Azurin, Jesus C. “The Parenting”. Fookien Times Magazine. Vol. 23 No. 3 pp. 45 – 48, 1983

Conklin, Harold. Childhood Rediscovery. I.N.: National Books, 1991.

Farlex, H. The American Dictionary. N.Y.: Random House, 1982.

Persell, Caroline Hodges. Understanding Society. N.Y.: New York Press, 1984.

Puno, P.C. An Introduction to Sociology. N.Y.: Row Books, 1984.

Reyes, J. B. An Outline of Civil Law. N.J.: Central books, 1995.

Rich, Phil Ed.D. “Before you decided considering divorce”. Self help magazine. Vol. 2 No. 3 pp. 52-57, 1994.

Schwarttzil, Kaslow. Painful Parting: Divorced and its aftermath. N.Y.:  F.W. Press, 1997.

Waller, Leslie. The family. The New American library Signet, 1999.


Cite this page

Definition and Law of Marriage and Divorce. (2017, Mar 31). Retrieved from

Remember! This essay was written by a student

You can get a custom paper by one of our expert writers

Order custom paper Without paying upfront