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Essay Paper on The Rights of Married Couples

The Rights of Married Couples in Comparison with Cohabitants, Same Sex Couples, and Couples Where One or Both Have Had Gender Reassignment Surgery

A marriage is a relationship between two people that is recognized governmentally, socially, or religiously, and it sometimes implies the existence of the contract. A marriage joins a man and a woman as a husband a wife. There also exist other forms or marriages that are polygamy and same-sex marriages. When the recognition of the marriage is held it requires civil as well as religious ceremony. “In many jurisdictions, the civil marriage ceremony may take place during the religious marriage ceremony, although they are theoretically distinct… Marriage may also be created by the operation of the law alone, as in common-law marriage…” The marriage usually establishes the legal father for the woman’s child or the legal mother for the man’s child, also it gives the wife control over the husband’s sexual services and vice versa; it defines property for the benefit of the children, and beside that it gives definition for the relations between the families of the husband and the wife.

Marriage not only joins people emotionally and economically, it may also lead to creation of a common household and property. Ij comparison with the registered marriage there exists cohabitation. The difference between these two notions is going to be discussed hereunder.

In 2001, such states as Netherlands, Spain, Belgium, Canada, and South Africa acknowledged same-sex marriages legal. Furthermore, Israel admits such type of marriages from other jurisdictions. In the USA, Massachusetts is the only state that recognizes this kind of marriage under the title ‘marriage’. There is such a term as ‘civil unions’ that is the name for the legal union in which the couples of the same sex live. These unions are admitted in 24 countries and in some of the US states. But generally, same-sex marriages are rare worldwide. And the amount of the countries that adopt the positive attitude towards homosexual marriages is still growing. On the other hand, the number of the countries that recognize civil unions is more that the number of the states that have got positive attitude towards homosexual marriages. The reference of marriage termination cannot be omitted. In most of the states the situation that may terminate the marriage is the death of one of the partners. Moreover, the marriage can be terminated by means of divorce or annulled that means the admittance that the marriage was invalid from the very beginning of its existence.

So, what are the differences in the rights between married couples and cohabitants? What rights do they have and what problems do same-sex couples or couples where one or both have had gender reassignment surgery face? These questions are going to be answered in this paper.

In the UK, in most of the situations the property that has been acquired during the period of cohabitation is not a marriage property. This means that common wife or common husband don’t have those rights concerning property or custody that the married couples have. In front of law cohabitants do not have any special relationship. “Even if a couple having been living together for several years and have children they are not regarded in law as common law husband and wife and if things do not work out a cohabitee will find that they do not have the same legal rights or safeguards as a husband or wife.” On the other hand, if the couple lives in Scotland it can be considered married even if there was not a formal ceremony, in contradiction from England and Wales. Beside that, if the couple has been married abroad, the state has the right not to accept their marriage as a legal form. Consequently, if the couple is married, the law and the state are sure to protect the husband’s and wife’s rights. But if the couple cohabits any of the partners can be left back at the bottom of the ladder…

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