Marriage- Legal effects of it.
Have been hearing things about marriage, so I decided to look into it in the legal way.
Image source
From what I researched on,there are legal effects of marriage which are stated and well explained..
First we have the statutory marriage
Statutory marriage
At some point in the development of common law, husbands claim rights to exercise power and dominions over their wives. These rights take moderate chastisement of their wives and takes control over their movements.
But since decision of the court of Appeal in R.V Jackson, in 1891.
The shackles of slavery fell from married women and by that,they acquired considered freedom of movement of actions.
In today life,married women are virtually mistress of their own households. She may follow any profession of her choice, acquire or dispose any property and also enjoy freedom of movement without hindrance from her husband. Despite these developments, relationship of husband and his wife continue to occupy a special position in our law.
Second is the change of name
Change of name
Like in Nigeria on marriages, a wife may use her husband's surname, she might retain the surname even after divorce or death of the husband.
Sometimes a wife, in some aspect or professional reasons may not take her husband's name on their marriage, although the change of name by a married woman is effected by custom,there is no legal obligations on her to do so. .. In addition a woman can bear her husband's name even after divorce and he has no right to stop her except she has a purpose of defrauding him or others.
Third is the Duty to cohabit.
Duty to cohabit
The important aspect of consortium is the duties of the spouse to cohabit,this duty may not be certain, being subjects to the circumstances of the both parties, it doesn't really imply that a husband and his wife are living together physically under same roof.
For instance the nature of their jobs so demands that the spouse may live apart for most of the time. An example is where the husband performs military service abroad or if his business takes him away from his matrimonial home for a major part of the year..in cases like this,living apart results from the mutual consent of the parties...withdrawal from cohabitation may cause desertions...
Fifth is the sexual intercourse.
Sexual inter course
This part might be difficult
The husband and wife owe each other the duty to consummate it. Failure to consummate that arising from the impotence of one spouse might constitute a ground for nullity.
Duty to having mutual sexual intercourse doesn't terminate with the consummation of the marriage. its effective throughout the duration of the marriage. A spouse's right to sexual intercourse must be exercised reasonably and with regard for the health. A spouse is not submitted to excessive sexual demands of the other party which may for instance be detrimental to the party's health.
As marriage imports the consent of the spouses to sexual relations, a husband cannot be guilty as principal in the first degree of rape on his wife. He could be an accomplice or a third party of the offence of the rape committed. But if by any chance violence or wounds arises, he may be guilty of bodily harms.
Sixth is the mutual defence
Mutual defence
Its stated that every individual has the right to use reasonable force to defend himself against an assault. Whenever the law permits a person to use force in self defense against assault, any other person acting in good faith may lawfully use a like force in aiding the person assaulted.
And lastly we have the consortium
Consortium
Consortium is a right whereby a spouse enjoy rights to owe each other a number of duties. It can be seen as benefits that one spouse is entitled to receive from another,which includes cooperation, affection,aid,companionship, sexual relations and even financial supports...
The duties which the spouse owe each other in their domestic relations are not fixed, they vary according to circumstances of each marriage..... The rights in general are more matter of common knowledge than subject of legal definition.. Like for instance the husband is generally accepted to be the breadwinner while the wife is primarily responsible for the running of households.. In dome cases it might be reversed. Despite these.. Attention may be drawn to a number of attributes of consortium which have been considered by the Courts.
THANKS FOR READING
upvote,resteem, follow
I remain @enoye 💖🔥👑💗👀💋😄
THANK YOU