Love Meets Law: An Analytical Examination of the LegalFrameworks Regulating Marriage
Keywords:
Legal Rights, Marriage Law, Consent, Property Rights, Inheritance, Divorce, Legal ResponsibilitiesAbstract
People frequently think of marriage as a personal and emotional bond, but it also has important legal effects that affect people’s rights and duties. This article looks at the connection between love and the law, showing how marriage is both a social institution and a legally binding agreement. It looks at important legal issues such consent, registration, property rights, inheritance, maintenance, and
divorce. The conversation goes on to talk about how different legal systems, and personal laws affect marriage rights and duties, especially in nations with a lot of varied cultures. It stresses how important it is for couples to know the law so they may make smart choices before and during marriage. This article tries to make it obvious how the law rules marriage and protects people’s interests by bridging the gap between emotional commitment and legal framework. In the end, the author makes the point that marriage starts with love, but legal systems that make sure justice, equality, and accountability are in place are what keep it going and fair.
References
1. M. Marriage law: Obsolete or cutting edge? J Gender Law. 2003. Available from: https://repository.law.umich.edu/
2. Lifshitz S. Married against their will? Toward a pluralist regulation of spousal relationships. Wash Lee Law Rev. 2009;66:1565. Available from: https://scholarlycommons.law.wlu.edu/wlulr/vol66/iss4/5.
3. Hamilton V. Principles of U.S. family law. Fordham Law Review. 2006.
4. Hanna C. Rethinking consent in a big love way. Mich J Gender Law. 2010. Vermont Law School Research Paper No. 10–20.
5. Rathbun AE. Marrying into financial abuse: A solution to safeguard the elderly in California. J Am Acad Psychiatry Law. 2010 Sep;45(3):292–297.
6. Doma-Kutigi H. Certification of Islamic marriages in Nigeria: Realities, challenges, and solutions. 2019. Available from: https://www.researchgate.net/.
7. Edge PW. Let’s talk about a divorce: Religious and legal wedding. 2015. Available from: https://www.academia.edu/.
8. Cahn N, Carbone J. Nonmarriage. Md Law Rev. 2016;76:55. Available from: https://scholarship.law.umn.edu/faculty_articles/588.
9. Waggoner LW. With marriage on the decline and cohabitation on the rise, what about marital rights for unmarried partners? ACTEC Law J. 2015;41(1):49–93.
10. McClain LC. The intersection of civil and religious family law in the U.S. constitutional order: A mild legal pluralism. In: Religion, Secularism, and Constitutional Democracy. 2015.
11. Maugeri AV. The missing ingredient: How oft-overlooked modern conflict of laws principles will dictate the reach of same-sex marriage in America. Saint Louis Univ Public Law Rev. 2011;30(2):Article 6. Available from: https://scholarship.law.slu.edu/plr/vol30/iss2/6.
12. Waggoner LW. Marital property rights in transition. Prob Law. 1992;18:1–66.
13. Halloran McLaughlin J. Should marital property rights be inalienable? Preserving the marriage ante. 2003. Maastricht European Private Law Institute Working Paper No. 2016/9.
14. Jones CJ. The rights to marry and divorce: A new look at some unanswered questions. Wash Univ Law Rev. 1985;63(4):577–647.
15. Reilly MT. In good times and in debt: The evolution of marital agency and the meaning of marriage. SSRN Electron J. 2008. doi: 10.2139/ssrn.1123612.
16. Frank AH, Berman JJ, Mazur-Hart SF. No fault divorce and the divorce rate: The Nebraska experience—An interrupted time series analysis and commentary. Neb Law Rev. 1978;58(1):1–99.
17. Silbert SH. Random thoughts on marriage and divorce. Clev-Marshall Law Rev. 1955;4:91.
18. Mayeri S. Marriage (in)equality and the historical legacies of feminism. 2015. Available from: https://www.californialawreview.org/.
19. Widiss D, Tebbe N. Equal access and the right to marry. 2010. Available from: https://scholar.google.com/.
20. Wriggins J. Marriage law and family law: Autonomy, interdependence, and same-sex couples. 2000. Available from: https://www.researchgate.net/.
21. Cohen Y. The right of a minor to independent status - three models. Nw J Law Soc Policy. 2015;10:1. Available from: http://scholarlycommons.law.northwestern.edu/njlsp/vol10/iss1/1.
22. Fuad AM. Menelaah kembali ketentuan usia minimal kawin di Indonesia melalui perspektif hermeneutika. 2015. Available from: https://jurnaliainpontianak.or.id/.
23. Nanasi N. An “I do” I choose: How the fight for marriage access supports a per se finding of persecution for asylum cases based on forced marriage. Columbia J Gender Law. 2014. doi: 10.7916/cjgl.v28i1.2705.
24. Goodrich HF. Foreign marriages and the conflict of laws. Mich Law Rev. 1922;21:743–64.
25. Grossman JL. Resurrecting comity: Revisiting the problem of non-uniform marriage laws. Or Law Rev. 2005;84:433.
26. Chauvin S, Salcedo Robledo M, Koren T, Illidge J. Class, mobility, and inequality in the lives of same-sex couples with mixed legal statuses. J Ethn Migr Stud. 2021;47(2):430–446. doi: 10.1080/1369183X.2019.1625137.
27. Lyons L, Ford M. Love, sex, and the spaces in-between: Kepri wives and their cross-border husbands. 2008. Available from:
https://www.tandfonline.com/doi/abs/10.1080/13621020701794182.
28. Scott ES, Scott RE. From contract to status: Collaboration and the evolution of novel family relationships. Colum Law Rev. 2015;115:293. Available from: https://scholarship.law.columbia.edu/faculty_scholarship/188.
29. Drobac JA, Page A. A uniform domestic partnership act: Marrying business partnership and family law. Ga Law Rev. 2007;41:349–430.
