Courses :: Module, MARRIAGE AND THE LAW: AN INTERNATIONAL PROFILE

	Overview
	Marriage is an institution of great antiquity, common to most cultures. Nonetheless, understandings and practices relating to marriage have evolved over time and may differ significantly depending on the cultural and legal context. This module seeks to examine the phenomenon of marriage from a comparative legal perspective, with particular reference to the legal framework that defines and regulates marriage, its formation and dissolution. This module addresses, in particular, the rules relating to the formation and dissolution of marriage in selected jurisdictions, and compares legal responses to issues such as the marriage of same-sex couples, polygamy, and arranged marriages. The module, in particular, examines different legal responses to the breakdown of marriage, with a particular emphasis on divorce. Topics may include (but are not limited to): the definition of marriage; marriage as a (privileged) status; public policy and the public interest in marriage; marital autonomy; the formalities of marriage; the capacity to marry; responses to polygamy and potentially polygamous marriages; civil partnership and the marriage of same-sex couples; consent to marriage; sham marriages; pre-nuptial and separation agreements; divorce and the grounds for divorce; remedies following divorce; non-marital unions and civil partnerships. This course will be taught only if a sufficient number of students enrol. Any aspect of this module may be changed in any given academic year, subject to the discretion of the module lecturer.

Overview

Marriage is an institution of great antiquity, common to most cultures. Nonetheless, understandings and practices relating to marriage have evolved over time and may differ significantly depending on the cultural and legal context. This module seeks to examine the phenomenon of marriage from a comparative legal perspective, with particular reference to the legal framework that defines and regulates marriage, its formation and dissolution. This module addresses, in particular, the rules relating to the formation and dissolution of marriage in selected jurisdictions, and compares legal responses to issues such as the marriage of same-sex couples, polygamy, and arranged marriages. The module, in particular, examines different legal responses to the breakdown of marriage, with a particular emphasis on divorce.

Topics may include (but are not limited to): the definition of marriage; marriage as a (privileged) status; public policy and the public interest in marriage; marital autonomy; the formalities of marriage; the capacity to marry; responses to polygamy and potentially polygamous marriages; civil partnership and the marriage of same-sex couples; consent to marriage; sham marriages; pre-nuptial and separation agreements; divorce and the grounds for divorce; remedies following divorce; non-marital unions and civil partnerships.

This course will be taught only if a sufficient number of students enrol.

Any aspect of this module may be changed in any given academic year, subject to the discretion of the module lecturer.

	Learning Outcomes
	On successful completion of the module, students should be able to: Critique various definitions of marriage, examining in particular both religious and secular approaches to the institution. Critically evaluate the privileged position of marriage in law and culture, with particular reference to the position of non-marital couples. Compare, contrast and critique the laws of selected jurisdictions as regards the formation of marriage, with particular reference to formal rules of recognition as well as rules of capacity relating to the gender of the parties, the exclusivity of marriage and consent to marriage. Critically analyse the laws of selected jurisdictions as they apply to pre-nuptial and separation agreements, separation and the dissolution of marriage, with particular reference to fault and no-fault responses to marital breakdown. Evaluate different legal approaches to remedies post marital breakdown, with particular reference to the desirability of a �clean break�. Evaluate marriage law by reference to theories of gender and class. Demonstrate a capacity to engage in critically-informed independent research on a topic related to the themes of the module and agreed with the lecturer.

Learning Outcomes

	Autumn Supplementals/Resits
	NONE

Autumn Supplementals/Resits

	Timetable
	This timetable is not currently available, please contact the Law Department.

Timetable

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MARRIAGE AND THE LAW: AN INTERNATIONAL PROFILE