Family law (2023): Marriage and other unions and status: Types of marriages

The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected). Marriages between people of differing religions are called interfaith marriages, while marital conversion, a more controversial concept than interfaith marriage, refers to the religious conversion of one partner to the other's religion for the sake of satisfying a religious requirement.

Americas and Europeb.

In the Americas and Europe, in the 21st century, legally recognized marriages are formally presumed to be monogamous (although some pockets of society accept polygamy socially, if not legally, and some couples choose to enter into open marriages). In these countries, divorce is relatively simple and socially accepted. In the West, the prevailing view toward marriage today is that it is based on a legal covenant recognizing emotional attachment between the partners and entered into voluntarily.

In the West, marriage has evolved from a life-time covenant that can only be broken by fault or death to a contract that can be broken by either party at will. Other shifts in Western marriage since World War I include:

There emerged a preference for maternal custody of children after divorce, as custody was more often settled based on the best interests of the child, rather than strictly awarding custody to the parent of greater financial means.

Both spouses have a formal duty of spousal support in the event of divorce (no longer just the husband).

Out of wedlock children have the same rights of support as legitimate children.

In most countries, rape within marriage is illegal and can be punished.

Spouses may no longer physically abuse their partners and women retain their legal rights upon marriage.

In some jurisdictions, property acquired since marriage is not owned by the title-holder. This property is considered marital and to be divided among the spouses by community property law or equitable distribution via the courts.

Marriages are more likely to be a product of mutual love, rather than economic necessity or a formal arrangement among families.

Remaining single by choice is increasingly viewed as socially acceptable and there is less pressure on young couples to marry. Marriage is no longer obligatory.

Interracial marriage is no longer forbidden. Same-race marriage was uniquely illegal in Paraguay in its early history. Same-sex marriage and civil unions are legal in some countries.

Asia and Africa.

Key facts concerning the marriage law in Africa and Asia:

Marital rape is legal in most parts Africa and Asia alike.

Child marriage is legal in most parts of Africa and very few parts of Asia alike.

Arranged marriage is prevalent in many parts of Africa and Asia alike, especially in rural regions.

Same-sex marriage is illegal in most parts of Africa and Asia alike, with the exception of South Africa, Taiwan and some dependent territories.

Polygamy is legal in many parts of Africa and Asia, but tends to be illegal in most Communist countries and legal in most Muslim countries.

Divorce is legal in all parts of Africa and Asia (except in the Philippines), but wives seeking divorce have fewer legal rights than husbands in Muslim countries than in Communist countries.

Dowries are a traditional aspect of marriage customs in most rural regions of Africa and Asia alike.

Some societies permit polygamy, in which a man could have multiple wives; even in such societies however, most men have only one. In such societies, having multiple wives is generally considered a sign of wealth and power. The status of multiple wives has varied from one society to another.