marriage in canada: purposes and legal issues

THE PURPOSE OF MARRIAGE

What do sociologists, anthropologists and psychologists say?

DEFINITION - MARRIAGE

A relationship between two individuals based on a sexual union which is recognized as legitimate.

Carries specific role expectations within a society.

Based on a permanent, legal contract.

INITIAL DIFFERENCES ...

Begins with cohabitation

More traditional, waiting to live together

Differing values towards premarital sex/intimacy

Members of the same sex or opposite sex

THEORETICAL EXPLANATION?

Despite these differences, social scientists strive to determine the common purpose of marriage.

What is the function of marriage, as a relationship and institution?

THEORIES:

Social Scientist Theory

Sociologists Structural Functionalism

Anthropologists Systems Theory

Psychologists Social Exchange Theory

CONSIDER

What does this theory try to explain? How is society organized or “made up”

according to this theory? What key terms are associated with

this theory?

According to this theorist, what is the purpose or function of marriage?

SOCIOLOGYSTRUCTURAL FUNCTIONALISM

Society organized to perform key functions effectively

Organized to benefit society/maintain stability

Change can happen, but it takes time, occurs slowly.

Macro View = Big picture Institutions function to organize society

and perpetuate norms

FUNCTIONALIST MARRIAGE

More traditional marriage reflected Roles and status are very important Marriage works to perpetuate societal

norms – the couple, family, heterosexuality.

Encourages reproduction

ANTHROPOLOGYSYSTEMS THEORY

How groups of individuals interact as a system Groups, subsystems influence each other in a

stable way. Not chaos, but not perfect. Feedback implies give and take. All members

influence each other in negative and positive ways.

Feedback informs how we maintain the system.

Negative feedback = discouragement Positive feedback = encouragement

SYSTEMS MARRIAGE

Negative and positive feedback from partners.

Majority positive. More likely to maintain relationship/marriage.

Pair-Bond allows for greater chances of survival.

Pair-Bond provides a means of survival. “Two heads are better than one”.

PSYCHOLOGYSOCIAL EXCHANGE THEORY

Social factors that influence how we act within relationships (reciprocal relationships)

We are constrained by role expectations, but we act to maximize benefits, and minimize costs.

Individuals interpret their experiences with others to weigh the benefits and costs

Benefits and costs are not facts but personal perceptions.

SOCIAL EXCHANGE MARRIAGE

When considering marriage you are looking for someone who can benefit you

Physical, emotional support, companionship

Sharing goods and services, status or economic stability. Prosperity for the couple.

Considered a “Trade off” sometimes, as you lose independence and free time. (costs)

MARRIAGE STRUCTURES

How are marriages organized?

How are roles and power distributed?

4 Types Owner- Property Head Complement Senior Partner – Junior Partner Equal Partner – Equal Partner

OWNER-PROPERTY

Historically common Husband physically and legally owns

wife Emotional component is unimportant Clearly outlined rights and duties for

each partner.

HEAD COMPLEMENT

Wife is understood as the husband’s “other half”

Husband responsible for finances (the breadwinner) and wife for the domestic

Husband considers wife’s opinions in decision making as a complement.

Represents a minority of Canadian families today (48%)

SENIOR-JUNIOR PARTNER

Wife is employed, more independent and contributing to family income

Husband is still the primary provider $$ Wife still takes care of domestic duties,

but husband helps.

This is the largest category of Canadian families/marriages

EQUAL PARTNER

Partners are equally committed to work, family and household tasks

The more the wife contributes to income, the more husband helps with household tasks

A small but growing number of Canadian families (includes childless couples)

BRUNO MARS – MARRY YOU

???

How does Bruno Mars treat marriage? How does he define it?

What Laws Govern Marriage?

MARRIAGE AS A LEGAL CONTRACT

MARRIAGE IN CANADA

Governed at the Provincial level

Municipal regulations may apply, depending on where you are getting married.

Division of Vital Statistics – marriage licences, registry, certificates, Marriage Commissioners.

SO, HOW DO WE GET MARRIED?

1. MARRIAGE LICENCE

A Marriage licence is a form that allows you to get married, in that province, within the next 3 months.

Does not mean that you are married! You can apply for one at city hall. Cost = 135$$

2. THE CEREMONY

Will you have a religious or civil ceremony?

Who will perform the ceremony? Division of Vital Statistics has a list of those

qualified. (religious and non-religious) Marriage Commissioners

Two witnesses to sign the marriage register.

Civil Ceremony = 250$

3. SEND AWAY THE REGISTER

Send to: Division of Vital Statistics Legal record of the marriage.

Vital Statistics track births, marriages, deaths, name changes in Canada.

4. APPLY FOR A MARRIAGE CERTIFICATE Done through Vital Statistics. Cost = 65$, or 100$ rush order!

Making it official = 450$

THE MARRIAGE ACT

Provincial legislation Controls who can and cannot get

married Outline the rules, commitments and

restrictions

Rules on: property, civil rights, separation, divorce, definition of “spouse”

WHO CAN’T GET MARRIED?

Under 18 (without parental consent)

If one of the partners is involved in another relationship, marriage or unsettled divorce

Mentally incapable (unable to understand the nature of marriage and obligations)

Intoxicated or on drugs

Until 2004, Same-Sex Couples.

CONSANGUINITY

Consanguinity – a romantic relationship between two people who are closely related to you. (by blood, half blood or adoption) Man Cannot Marry His: Woman Cannot Marry Her:

Grandmother Grandfather

Mother Father

Daughter Son

Sister Brother

Granddaughter Grandson

CHANGES TO MARRIAGE

1970s onward Egalitarian Relationships - men and women

are equal partners and providers in marriage.

Same rights, restrictions and obligations Women have increased rights in marriage and

divorce.

Same-sex couples included in the definition of marriage, “spouse”.

COHABITATION

Living together in a conjugal relationship either in or outside marriage.

Today, few legal differences between married and cohabitating couples.

Married couples share wide range of assets (the Matrimonial Home, property division)

COHABITATION RIGHTS

Cohabitators have the same rights as a “spouse” when ... Continuously living together for 3 years In a permanent relationship and are the

natural/adoptive parents of a child.

Entitled to support as a “dependant”, spousal benefits (pension).

COHABITATION IN CANADA

Nearly 60% of young people will cohabit in their first conjugal relationship.

Cohabition is found more acceptable as a prelude to marriage.

Less acceptable if the couple do not intend to get married.

WHY CANADIANS ARE NOT GETTING MARRIED

2007 Census Data. http://www.youtube.com/watch?v=BET

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