Marriage is the most recognized way that a couple can formalize their commitment to each other. It helps them gain legal recognition and protection, usually across different countries. However in a world where a number of marriage alternatives have emerged, civilly married couples still enjoy the most benefits. To understand the unique advantages of marriage as opposed to its alternatives, we will look at some of the rights marriage affords a couple.
Medical Decision Making
One of the basic legal rights for married couples is the right to act as your partner’s patient advocate. In a life threatening medical situation where one spouse is unable to make their own decisions, the other spouse is entitled to make medical decisions regarding treatment, operations and end-of-life wishes. It is this legal protection that allows spouses to take immediate action in emergency situations.
Conversely, this could be more complex when it comes to unmarried couples or those who choose a marriage alternative like a civil union or cohabitation agreement. In the absence of a spousal status, acquiring consent for medical procedures can be difficult and may result in delays or complications.
Privacy Rights
Privacy is an important element of married life that is defined by a number of legal rights. For instance, married couples have the privacy to keep certain communications to themselves in legal proceedings by virtue of their marital status. These privileges help in promoting trust and open communication in marriages as couples are able to talk freely without fear that their words could be used against them in any legal case.
However, in other forms of marriage, the couple may not enjoy such privileged communication. As such, marriage is a more widely and legally accepted institution through which privacy and confidence in a relationship can be achieved.
Inheritance and Property Rights
Married couples benefit from a range of inheritance and property rights that marriage alternatives cannot provide. When one spouse passes away, the other receives a large share of the deceased spouse’s estate, usually free of taxes. Also, property that is bought during the marriage in most cases is held as a joint marital property implying the equal rights of both spouses.
Couples who have chosen a civil union or cohabitation agreement, will need to engage in elaborate legal procedures to access their inheritance and property rights, which may still face inheritance tax and disputes over property ownership.
Immigration and Citizenship
For couples of mixed nationality, marriage can also act as a way of gaining citizenship and entry into the country. In many countries, the immigration and citizenship processes are expedited for spouses of citizens in order to facilitate family reunification. This privilege benefits the couple directly but also indirectly benefits society through diversification.
In contrast, individuals in alternative marital arrangements may face greater obstacles to get immigration or citizenship for their partners.
Divorce and Maintenance
Divorce is certainly not the primary consideration for people entering into a marriage but the legal protections associated with marriage in the case of divorce are unmatched. When seeking a divorce, married couples are bound by law and protected by a legal safety net that includes the fair division of property, maintenance and child custody and support. All of these legal mechanisms are designed to secure the interests and welfare of both spouses as well as any children from the marriage.
The same legal framework is not provided for most marriage alternatives. This can complicate the divorce or separation and lead to disputes.
Conclusion
Civil marriage provides distinctive legal privileges and safeguards in a society where perspectives on commitment and partnerships are thought to be changing. These rights address various issues like medical decision making, inheritance, privacy, immigration and divorce that highlight the relevance of marriage as a formal and legally protected institution. Although there are alternatives to marriage, it is clear that they lack the comprehensive legal framework provided by a civil marriage.
