marriage in canada: purposes and legal issues
TRANSCRIPT
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
CBUTyLEM