法律英语词汇“marriage”的翻译、意思、用法、释义-法律词典

单词

marriage

释义

marriage

marriage the agreement of two persons of the opposing sex to become man and wife. In most legal systems, marriage is accepted and treated as a CONTRACT, but it is one the incidents of which the parties cannot vary. There are formalities by way of advertisement. Part II of the Marriage Act 1949 regulates marriage according to the rites of the Church of England, whether by the publication of banns of matrimony or on the authority of a special licence, a common licence or the certificate of a superintendent registrar. Similar provisions apply in Scotland, although irregular marriage by COHABITATION (WITH HABIT AND REPUTE) is known.

There is a prohibition (in most Western countries) against marriage to other persons while the marriage subsists, this being restrained by the crime of BIGAMY. The basis of the institution is the permanent and indissoluble union of a man and woman. Relaxation of DIVORCE laws has made the permanence of the relationship de facto contingent. Attempts have been made by homosexuals to marry but these have failed.

Most systems prevent the marriage of parties related one to the other, and the scope of the restriction is usually defined by reference to PROHIBITED DEGREES.

Restriction is also usually placed on the age of parties. In Scotland and England it is 16.

In England the general rule (from Section 18 of the Wills Act 1837,

250

material breach

as amended by the Administration of Justice Act 1982) is to the effect that marriage will operate to revoke a will unless it can be shown that the will was made in contemplation of marriage to a particular person (on whom benefits were conferred by the will). In Scotland the will is not revoked, but see CONDITIO SI TESTATOR SINE LIBERIS DECESSERIT.

In the context of immigration where a person has been given leave to enter the UK temporarily and then marries someone settled here, that person may apply for an extension of stay as a spouse, initially for a period of 12 months and thereafter for SETTLEMENT. An exten- sion, however, will not be granted unless the Secretary of State is sat- isfied with the following: (i) the marriage was not entered into pri- marily to obtain settlement here; (ii) the parties have met; (iii) the applicant has not remained in breach of immigration laws; (iv) the marriage is not taking place after a decision to deport or a recom- mendation for deportation has been made; (v) the marriage has not been terminated; (vi) each of the parties intends to live permanently with the other as his or her spouse; (vii) there will be adequate accommodation for the parties and their dependants, without recourse to public funds, in accommodation of their own or that they occupy themselves; and (viii) the parties will be able to maintain themselves and their dependants adequately without resource to public funds. See IRREGULAR MARRIAGE.

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