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Thread: Definition of Marriage

  1. #21
    Council Member Djinn's Avatar
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    Quote Originally Posted by kingrat View Post
    So, a marriage is not what the parties say it is and it is not merely a contract.

    It is an agreement between a man and a woman to live their lives as husband and wife.
    It's a codified agreement. In the United States, the agreement is a legal one that exists on paper. If those papers don't exist, the marriage doesn't exist.

  2. #22
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    Quote Originally Posted by Djinn View Post
    It's a codified agreement. In the United States, the agreement is a legal one that exists on paper. If those papers don't exist, the marriage doesn't exist.
    https://dictionary.law.com/Default.aspx?selected=249

    common-law marriage
    n. an agreement between a man and woman to live together as husband and wife without any legal formalities, followed and/or preceded by cohabitation on a regular basis (usually for seven years). Common-law marriage is legal in Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, thereby recognizing a marriage for purposes of giving the other party the rights of a spouse, including inheritance or employee benefits. Such informal partnerships are recognized by some local governments for purposes of the rights of a spouse under employment contracts and pension rights even where the state does not recognize this as a marriage.

    Clearly, the agreement is more essential than the paper that agreement is written on.

  3. #23
    Council Member Djinn's Avatar
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    Even common-law marriages require official documentation. Insurance companies aren't going to take you and your spouse at your word when you apply for coverage.

  4. #24
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    Quote Originally Posted by Djinn View Post
    Even common-law marriages require official documentation. Insurance companies aren't going to take you and your spouse at your word when you apply for coverage.
    The point is that the marriage certificate is irrelevant to the essence of the marriage. The essence of the marriage lies within the agreement between a man and a woman to live as husband and wife

  5. #25
    Established Member Idiocracat's Avatar
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    Quote Originally Posted by kingrat View Post
    The point is that the marriage certificate is irrelevant to the essence of the marriage. The essence of the marriage lies within the agreement between a man and a woman to live as husband and wife
    The dictionary version has changes with the political times, as the bible always did.
    The word has many meanings.
    2. a combination or mixture of two or more elements.
    "a marriage of jazz, pop, blues, and gospel"
    synonyms: union, alliance, fusion, mixture, mix, blend, amalgamation, combination, merge
    I think Trump leans with this definition.
    Last edited by Idiocracat; 16th January 2018 at 07:45 AM.

  6. #26
    Council Member Djinn's Avatar
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    Quote Originally Posted by kingrat View Post
    The point is that the marriage certificate is irrelevant to the essence of the marriage. The essence of the marriage lies within the agreement between a man and a woman to live as husband and wife
    Does it? If my wife and I decide that our marriage agreement is anulled, and we both walk away without signing a single document, am I still married?

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    Quote Originally Posted by Djinn View Post
    Does it? If my wife and I decide that our marriage agreement is anulled, and we both walk away without signing a single document, am I still married?
    Yes you are still married -- but not because you did not sign a document to that effect. A marriage is voidable due to some pre-existing defect that incapacitates one or both parties to fulfill his or her marital duties.

  8. #28
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    Quote Originally Posted by KnotaFrayed View Post
    To some people, it would appear "marriage" is all about cheating and hypocrisy.

    Take a VOW and promise all kinds of things, then break your promise, once, twice, thrice or more.

    To others, it means committing to the vow they actually thought seriously about, before taking it and accommodating and tolerating one another's errors and mistakes, up to a point few, if any, people would consider that anyone should tolerate.

    But change is one thing in life, that seems a certainty, along with death and taxes. For some, divorce is not about one person cheating on their vows or being unfaithful. For some, it is about a change or a revelation in the person someone married, from their cheating ways to their violent ways. No one should be forced to stay in a marriage where their spouse causes unwarranted or violent harm to them or any member of their family, nor should they be forced to tolerate and inequitable level of faith, love and responsibility to a partnership.

    Also, some people learn from making mistakes, some people do not. Some people get married again after a marriage that does not work out and are totally happy the rest of their lives, some people keep marrying others that cheat, lie or steal from them and never learn to think about or check into character, before they pledge to marry.

    Some people have longer unwed loving, sexual and cohabitant relationships for longer than the average legal marriage lasts in America, or anywhere.

    Some people in the world notice we are all different and make accommodation for others doing their own thing, as long as it does no harm to those doing their own thing or to anyone else.

    Some people seem to want everyone else to be a clone of them and to want or dislike all the things they want or dislike, and when they find out people are different, try to herd and force them into conforming and all being the same.
    And to some people, it would seem, it's an acquisition of a human being for the sake of appearances, kind of like a suit that fits you in such a way as to conceal your age and lack of attractiveness and project the illusion of success.

    "Yes, he's old and fat, but look at his wife! He must being doing something right to snag a babe like that!"

  9. #29
    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by kingrat View Post
    So, a marriage is not what the parties say it is and it is not merely a contract.
    Well, it depends. Within the bounds of the law, it can be whatever they want. They can, for that matter, call themselves "spouses" even if they are not as a matter of law, e.g., in a polyamorous relationship.

    Quote Originally Posted by kingrat View Post
    It is an agreement between a man and a woman to live their lives as husband and wife.
    Or husband-husband, or wife-wife. Certainly, the agreement is required, or there could be no marriage.

  10. #30
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    Quote Originally Posted by kingrat View Post
    common-law marriage

    [snip]

    Clearly, the agreement is more essential than the paper that agreement is written on.
    Even common-law marriages must meet certain legal requirements in order to be considered such. They are also not permitted by every state, though a common-law marriage entered into in a state that does permit them will (must) be recognized by a state that does not otherwise permit them. For example, a couple who was common-law married in Colorado, who now live in Arizona, are recognized as married by Arizona, and would get divorced there according to Arizona law.

    Naturally, documentation proving the relationship may be problematic, for purposes of divorce, inheritance, &c.

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