marriage in canada: purposes and legal issues

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THE PURPOSE OF MARRIAGE What do sociologists, anthropologists and psychologists say?

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Page 1: Marriage in Canada: Purposes and Legal Issues

THE PURPOSE OF MARRIAGE

What do sociologists, anthropologists and psychologists say?

Page 2: Marriage in Canada: Purposes and Legal Issues

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.

Page 3: Marriage in Canada: Purposes and Legal Issues

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

Page 4: Marriage in Canada: Purposes and Legal Issues

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?

Page 5: Marriage in Canada: Purposes and Legal Issues

THEORIES:

Social Scientist Theory

Sociologists Structural Functionalism

Anthropologists Systems Theory

Psychologists Social Exchange Theory

Page 6: Marriage in Canada: Purposes and Legal Issues

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?

Page 7: Marriage in Canada: Purposes and Legal Issues

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

Page 8: Marriage in Canada: Purposes and Legal Issues

FUNCTIONALIST MARRIAGE

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

norms – the couple, family, heterosexuality.

Encourages reproduction

Page 9: Marriage in Canada: Purposes and Legal Issues

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

Page 10: Marriage in Canada: Purposes and Legal Issues

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”.

Page 11: Marriage in Canada: Purposes and Legal Issues

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.

Page 12: Marriage in Canada: Purposes and Legal Issues

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)

Page 13: Marriage in Canada: Purposes and Legal Issues

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

Page 14: Marriage in Canada: Purposes and Legal Issues

OWNER-PROPERTY

Historically common Husband physically and legally owns

wife Emotional component is unimportant Clearly outlined rights and duties for

each partner.

Page 15: Marriage in Canada: Purposes and Legal Issues

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%)

Page 16: Marriage in Canada: Purposes and Legal Issues

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

Page 17: Marriage in Canada: Purposes and Legal Issues

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)

Page 18: Marriage in Canada: Purposes and Legal Issues

BRUNO MARS – MARRY YOU

Page 19: Marriage in Canada: Purposes and Legal Issues

???

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

Page 20: Marriage in Canada: Purposes and Legal Issues

What Laws Govern Marriage?

MARRIAGE AS A LEGAL CONTRACT

Page 21: Marriage in Canada: Purposes and Legal Issues

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.

Page 22: Marriage in Canada: Purposes and Legal Issues

SO, HOW DO WE GET MARRIED?

Page 23: Marriage in Canada: Purposes and Legal Issues

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$$

Page 24: Marriage in Canada: Purposes and Legal Issues

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$

Page 25: Marriage in Canada: Purposes and Legal Issues

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.

Page 26: Marriage in Canada: Purposes and Legal Issues

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

Making it official = 450$

Page 27: Marriage in Canada: Purposes and Legal Issues

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”

Page 28: Marriage in Canada: Purposes and Legal Issues

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.

Page 29: Marriage in Canada: Purposes and Legal Issues

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

Page 30: Marriage in Canada: Purposes and Legal Issues

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”.

Page 31: Marriage in Canada: Purposes and Legal Issues

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)

Page 32: Marriage in Canada: Purposes and Legal Issues

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).

Page 33: Marriage in Canada: Purposes and Legal Issues

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.

Page 34: Marriage in Canada: Purposes and Legal Issues

WHY CANADIANS ARE NOT GETTING MARRIED

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

CBUTyLEM