FAMILY AND MARRIAGE

MARRIAGE

• legally recognized social contract between two

people, traditionally based on a sexual relationship
and implying a permanence of the union
• human construction to insure the continuity of the
family and the eventual perpetuation of the human
specie.
Marriage
• socially recognized union between two or
more individuals that typically involves
sexual and economic rights and duties
• Marriage is a business partnership as
much as a romantic fairytale; it involves
compromises, division of labor,
specialization, financial arrangement, and
communication systems
 The New Family Code of the Philippines

• became effective on August 3,1998

• defines Marriage as a special contract of permanent
union between a man and a woman entered into in
accordance with law for the establishment of
conjugal and the family life.
 ESSENTIAL REQUISITES FOR MARRIAGE

- Family Code of the Philippines provides Art. 2: No

marriage shall be valid, unless these essential
requisites are present
- Legal capacity of the contracting parties (18 yrs. or
upwards), who must be a male and female; and
- Consent freely given in the presence of the
solemnizing officer.
 FORMAL REQUISITES OF MARRIAGE

• Art.3. the formal requisites of marriage are

- Authority of solemnizing officer
- A valid marriage license except in cases provided in chapter 2 of this title;
- A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they
take each other as husband and wife in the presence of not less than two
witnesses of legal age
- Art.4.The absence of any of the essential or formal requisites shall render the
marriage “void ab initio” (void from the beginning) except as stated in Article 35
 ANNULMENT OF A MARRIAGE

• ANNULMENT
- refers to the legal process of filing a petition in the appropriate court
seeking a judicial declaration of making a marriage null and void ab initio
or from the beginning as if no marriage took place
• Art.45.Enumerates the grounds for annulment of marriage, as follows
- One of the contracting parties is 18 yrs. of age or over but bellow 21 and
without parental consent
- Either party was of unsound mind
- Consent of either party was obtained by fraud, force and intimidation
- Either party was physically incapable of consummating the marriage with
the other;
- Either party was afflicted with a sexually transmissible disease found to be
serious and incurable.
 LEGAL SEPARATION
• refers to the legal process of filling a petition in the appropriate court
seeking a judicial declaration of legal separation for married couples
• Art.55. A petition for legal separation may be filed on any of the following
grounds
- Repeated physically violence or grossly abusive conduct directed against
the petitioner
- Physical violence or moral pressure to compel the petitioner, apolitical
affiliation
- Attempt of respondent to corrupt r induce the petitioner, a common child,
or a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
NORMS OF MARRIAGE ON THE SELECTION OF POTENTIAL MARRIAGE
PARTNERS

• Endogamy-is a rule that requires a person to marry

someone from within his or her own group—tribe,
nationality, religion, race community, or any other
social grouping
• Exogamy-is a rule that requires a person to marry
someone from outside his her own group
 NORMS OF MARRIAGE ON THE SELECTION OF POTENTIAL MARRIAGE
PARTNERS

• Sororate-prescribes that a widower marry the sister

or nearest kin of the decease wife
• Levirate-prescribes that widows marry the brother
nearest kin of the deceased husband.
 FORMS OF MARRIAGE

• Monogamy- marriage between one man and one woman

• Polygamy or plural marriage- has three forms
a. Polygyny- one husband and two or more wives
b. Polyandry- one wife and two or more husbands
c. Group marriage- two or more husbands and two or
more wives.
 BASIS ON CHOOSING A MARRIAGE PARTNER

• Parental Selection or Arranged Marriages- Families that

have important stake in the type of spouse their son or
daughter will take usually practice
• Romantic Love- Romantic love has become an important
basis for marriage in our society. It is the theme of most of
our popular songs, the subject of many of our movies and
television shows, and made active in scores of popular
books and magazine articles
FAMILY
The primary group where the child is
initially socialized and initiated in the
ways of life of his group. The family
provides the child’s social, psychological,
and emotional needs – warmth, intimacy,
affection, love, nurturance, care and
security
• Burgess and Locke (1963) define the family as a group
of persons united by ties of marriage, blood or
adoption, constituting a single household, interacting
and communicating with each other in their respective
social roles of husband and wife, mother and father,
son daughter, brother and sister, creating and a
common culture.
• Light (1985) - defines the family as a group of people
who are united by ties of marriage, ancestry, or
adoption and who are recognized by the community
as constituting a single household and as having the
responsibility for rearing children
• Murdock (1949)–defines the family as a social group
characterized by common residence, economic
cooperation and reproduction
 THEORIES OR PERSPECTIVE ON THE FAMILY

Three Theories
1. The functionalist Perspective
- Functionalist says that if a society is to survive and maintain itself across time, certain
essential functions must be performed
- Functions
a. Regulation and sexual behavior
b. Reproduction
c. Biological maintenance
d. Socialization;
e. Care and protection function
f. Social placement or group status
g. Social control
 THEORIES OR PERSPECTIVE ON THE
FAMILY
2. The Conflict Perspective
• Jetse Sprey (1979), agree with the functionalists’
position that the family institution and other groups in
society are organized systems of species survival
3. The Symbolic Interactionist Perspective
*The symbolic interationist direct considerable attention
to the symbolic environment in which people carry out
their daily activities
 PATTERNS OF FAMILY ORGANIZATION BASED ON INTERNAL
ORGANIZATION OR MEMBERSHIP

1. Nuclear Family - is composed of a husband and his wife and

their children in a union recognized by the other members of
the society
- The family of the orientation– is the family into which a
person is born and where he is reared or socialized
- The family of procreation– is the family that such person
established through marriage and consists of a husband, a
wife, a sons and daughter.
2. Extended Family – is composed of two or more nuclear
families, economically and socially related to each other.
(Murdock 1949)
- Two types of family
a. Conjugal family- corresponds to the nuclear family where
priority is given to marital ties
b. Consanguineal family- corresponds to the extended family
where priority is given to blood ties.
 DEFINING KINSHIP AND DESCENT

• KINSHIP- refers to social relationships that usually

coincide with biological ones.
• Two forms of real kinship:
• consanguinity
• affinity.
• Pseudokinship or fictitious kinship takes place when
the social relationships simulate the ones arising
through real kinship (consanguinity or affinity) but
without any biological relationship.
• ritual kinship as a special form of fictitious kinship,
which necessitates a ritual for its creation, rituals
such as godparenthood, adoption, or fraternization.
• DESCENT- denotes the relationship that bonds the
child to its mother or father, through which the
elements that constitute the main characteristics of
their status are transmitted. These include name,
surname, heritage, and so on.
• descent is more of a social convention than a
biological relationship
 PATTERNS OF FAMILY ORGANIZATION
BASED ON DESCENT

• - implies family genealogical ties of a person with a particular

group of kinsfolk
a. Bilateral descent- involves the reckoning of descent through
both the father’s and mother’s families
b. Patrilineal descent- involves the reckoning of descent through
the father’s family only
c. Matrilineal descent- involves the reckoning of descent
through the mother’s family only
 PATTERNS OF FAMILY ORGANIZATION BASE ON RESIDENCE

a. Patrilocal -the married couple live with or near the husband’s

family
b. Matrilocal–the husband leaves his family and sets up
housekeeping with or near his wife’s family
c. Neolocal-the married couple establish a new home; they
reside independently of the parents of either groom or bride
d. Bilocal- it gives the couple a choice of staying with either the
groom’s parents or the bride’s parents