Marriage
Marriage is a socially and legally acceptable union between a man and a
woman who will live together and remain faithful to each other. It is like
a contract.
Cultural Variations of Marriages
1. Minimum legal age for marriage in Ireland is 18 years.
2. Choice of partners – society place restrictions on some marriage
partners, this may be based on religion, class, blood relationship,
etc.
3. Number of spouses (husbands or wives)
● Monogamy – one male and one female. This is the most common
type, in Ireland.
● Polygamy – type of marriage where more than one partner is
allowed.
● Polygyny – marriage between one male and several females,
common in Africa and Islamic societies.
● Polyandry – marriage between one female and several men, this
is very rare, limited to Tibet.
Note: With polygyny the family unit is patriarchal (the male is in charge).
It shows a man’s wealth and success because he is able to provide for
more than one wife.
Laws Relating to Marriage in Ireland
1. Marriage must be entered into voluntarily by both partners.
2. Partners over 18 years of age.
3. Partners must be of the opposite sex, some societies allow same
sex marriages
4. Neither spouse must be in an existing marriage.
5. Cannot marry a close blood relative.
6. 3 months notice must be given to the Registrar of the district and
the church.
7. Marriage must be registered after the ceremony.
© PDST Home Economics
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Rights and Responsibilities within the Marriage Relationship
 They are obliged to cohabit (live together).
 They have a right to each other’s company.
 They must consummate the marriage and sexual intercourse should
be a feature of the marriage.
 Each spouse has the responsibility to provide financial support for
their partner and their children.
 Spouses are joint guardians of children born within the marriage.
 Responsibility to have a will.
How do People Prepare for Marriage
Home
The home provides children with their expectations of marriage.
Parents become role models of how a husband and wife relationship
functions.
School
SPHE, Religion and Home Economics give students the opportunity to
discuss various aspects of forming and maintaining relationships and
marriage.
Pre-marriage courses
Pre-marriage courses provide couples intending to marry
with information regarding the expectations and reality of
marriage.
Run by ‘Accord’ (Catholic Marriage Counselling Service) and
Marriage and Relationship Counselling Services
Factors that Influence Marital Stability
1. Expectations of marriage.
2. Family background.
3. Age- research shows that teens who marry young are more likely to
separate.
4. Similar culture and interests.
5. Social factors, e.g. rising house prices mean longer working day and
less time to spend together.
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Marital Breakdown
Marital breakdown is increasing in Ireland due to a number of factors
including:
 Separation and divorce are more socially acceptable.
 Getting a divorce is easier and less expensive.
 Women are more financially independent.
 State assistance available for lone parents.
 Increase of social problems, which puts strain on marriages.
1. Marriage counselling aims to assist couples to resolve marriage
problems.
Service provided by: Accord or the Marriage and Relationship
Counselling Services.
2. Family Mediation – is a means by which a couple can discuss a
separation agreement in the presence of an impartial mediator
service provided by the Family Mediation Service.
Advantages:
● Helps reduce conflict between partners.
● Helps the people to come to terms with the separation.
● Encourages co-operation and responsibility, especially for those
with children.
3. Separation – couples may separate legally by:
a) Entering into a separation agreement/Deed of Separation
b) Getting a decree of judicial separation in court
a) Separation Agreement/Deed of Separation
It is a legally binding contract between spouses, which sets out their
future rights and responsibilities. It includes:
● Arrangements regarding the responsibility for the care of children.
● Amount of maintenance to be paid to children.
● Arrangements regarding the ownership and occupation of the family
home.
b) Judicial Separation
If a couple cannot reach a separation agreement or only one spouse wants
to separate, an application can be made to the court for a decree of
judicial separation. This is under the guidelines of the Judicial
Separation Act 1989.
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Grounds for judicial separation: Adultery, desertion, unreasonable
behaviour, no normal marriage relationship for at least a year and where
spouses have lived apart.
4. Nullity of Marriage- The concept of nullity refers to a marriage
that never existed.
(a) Legal Annulment
Grounds for legal annulment:
 If the couple do not satisfy the rules of the marriage laws e.g.
not over 18 years of age in Ireland.
 If 3 months notice has not been given to the Registrar of
Marriages.
 If one of the parties did not give full, free and informed consent
e.g. drunk or under pressure from parents.
 If they were not able to consummate the marriage.
 If they are not able to sustain a normal marital relationship e.g.
manic depression and homosexuality may be grounds for civil
annulment.
Effects of a legal annulment:
 Partners are free to marry.
 No legal right to share in the estate of the other party.
 Does not affect the rights of the dependent children.
(b) Church Annulment
This is granted on similar grounds to those for civil annulments. A church
annulment has no legal standing.
5. Divorce - When a spouse wishes to end an existing legal marriage, an
application must be made to court for a decree of divorce. Divorce was
introduced in Ireland in 1996.
Conditions necessary for issuing a divorce:
 Spouses must have lived apart for at least 4 of the previous 5
years.
 There is no chance of reconciliation (getting back together).
 Proper provision has been made for spouse and dependent
children.
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