Types of Marriages - Americas and Europe

Americas and Europe

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.

Marriage for immigration purposes is sometimes practiced by international students who are seeking to migrate to countries such as Australia, where additional points required for immigration are awarded for marriage within the country.