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"Marriage of convenience"

 
Sometimes people marry to take advantage of a certain situation, sometimes called a marriage of convenience or a sham marriage. In 2003, over 180,000 immigrants were admitted to the U.S. as spouses of U.S. 

citizens; more were admitted as fiancés of US citizens for the purpose of being married within 90 days. These marriages had a diverse range of motives, including obtaining permanent residency, securing an inheritance that has a marriage clause, or to enroll in health insurance, among many others.

 While all marriages have a complex combination of conveniences motivating the parties to marry, a marriage of convenience is one that is devoid of normal reasons to marry.

 In certain countries like Singapore sham marriages are punishable criminal offences.
Contemporary legal and human rights criticisms of marriage 
People have proposed arguments against marriage for reasons that include political, philosophical and religious criticisms; concerns about the divorce rate; individual liberty and gender equality; questioning the necessity of having a personal relationship sanctioned by government or religious authorities; or the promotion of celibacy for religious or philosophical reasons.

Power and gender role

Historically, in most cultures, married women had very few rights of their own, being considered, along with the family's children, the property of the husband; as such, they could not own or inherit property, or represent themselves legally. 

Since the late 19th century, in some countries, marriage has undergone gradual legal changes, aimed at improving the rights of the wife. 

These changes included giving wives legal identities of their own, abolishing the right of husbands to physically discipline their wives, giving wives property rights, liberalizing divorce laws, providing wives with reproductive rights of their own, and requiring a wife's consent when sexual relations occur. 

In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage, traditional marriage customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of consensual 

behaviors such as premarital and extramarital sex.
Feminist theory approaches opposite-sex marriage as an institution traditionally rooted in patriarchy that promotes male superiority and power over women. 

This power dynamic conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere". "Theoretically, women... defined as the property of their husbands.... The adultery of a woman was always treated with more severity than that of a man." "eminist demands for a wife's control over her own property were not 

met until...."

Traditional heterosexual marriage imposed an obligation of the wife to be sexually available for her husband and an obligation of the husband to provide material/financial support for the wife. Numerous philosophers, feminists and 

other academic figures have commented on this throughout history, condemning the hypocrisy of legal and religious authorities in regard to sexual issues; pointing to the lack of choice of a woman in regard to controlling her

 own sexuality; and drawing parallels between marriage, an institution promoted as sacred, and prostitution, widely condemned and vilified. Mary Wollstonecraft, in the 18th century, described marriage as "legal prostitution". Emma Goldman wrote in 1910: "To the moralist prostitution does not consist

 so much in the fact that the woman sells her body, but rather that she sells it out of wedlock". Bertrand Russell in his book Marriage and Morals wrote that: "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage

 than in prostitution." Angela Carter in Nights at the Circus wrote: "What is marriage but prostitution to one man instead of many?"
Some critics object to what they see as propaganda in relation to marriage –

 from the government, religious organizations, the media – which aggressively promote marriage as a solution for all social problems; such propaganda includes, for instance, marriage promotion in schools, where children,

 especially girls, are bombarded with positive information about marriage, being presented only with the information prepared by authorities.
The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a heterosexual marriage. In

 some American households, women internalize gender role stereotypes and often assimilate into the role of "wife", "mother", and "caretaker" in conformity to societal norms and their male partner. Author bell hooks states "within the family structure, individuals learn to accept sexist oppression as 'natural' and

 are primed to support other forms of oppression, including heterosexist domination." "he cultural, economic, political and legal supremacy of the husband" was "raditional... under English law". This patriarchal dynamic is contrasted with a conception of egalitarian or Peer Marriage in which power

 and labour are divided equally, and not according to gender roles. Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships.

 The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional"

 in 9 cultures, and "uncommon" in 15 cultures. Three studies using nationally representative samples in the United States found that between 10 and 15% of women and 20–25% of men engage in extramarital sex.

Many of the world's major religions look with disfavor on sexual relations outside marriage. There are non-secular states that sanction criminal penalties for sexual intercourse before marriage. Sexual relations by a married person

 with someone other than his/her spouse is known as adultery. Adultery is considered in many jurisdictions to be a crime and grounds for divorce.
In some countries, such as Saudi Arabia, Pakistan, Afghanistan, Iran, Maldives,

 Morocco, Oman, Mauritania, United Arab Emirates, Sudan, Yemen, any form of sexual activity outside marriage is illegal.
In some parts of the world, women and girls accused of having sexual relations

 outside marriage are at risk of becoming victims of honor killings committed by their families. In 2011 several people were sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and

 Pakistan. Practices such as honor killings and stoning continue to be supported by mainstream politicians and other officials in some countries. In Pakistan, after the 2008 Balochistan honour killings in which five women were

 killed by tribesmen of the Umrani Tribe of Balochistan, Pakistani Federal Minister for Postal Services Israr Ullah Zehri defended the barbaric practice; he said: "These are centuries-old traditions, and I will continue to defend them.

 Only those who indulge in immoral acts should be afraid."
Sexual violence 
An issue that is a serious concern regarding marriage and which has been the

 object of international scrutiny is that of sexual violence within marriage. Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force, if 'denied'. As the concept of

 human rights started to develop in the 20th century, and with the arrival of second-wave feminism, such views have become less widely held.
The legal and social concept of marital rape has developed in most

 industrialized countries in the mid- to late 20th century; in many other parts of the world it is not recognized as a form of abuse, socially or legally. Several countries in Eastern Europe and Scandinavia made marital rape illegal before 1970, and other countries in Western Europe and the English-speaking Western world outlawed it in the 1980s and 1990s. In England and Wales, marital rape was made illegal in 1991. Although marital rape is being increasingly criminalized in developing countries too, cultural, religious, and

 traditional ideologies about "conjugal rights" remain very strong in many parts of the world; and even in many countries that have adequate laws against rape in marriage these laws are rarely enforced.
Apart from the issue of rape committed against one's spouse, marriage is, in

 many parts of the world, closely connected with other forms of sexual violence: in some places, like Morocco, unmarried girls and women who are raped are often forced by their families to marry their rapist. Because being the victim of rape and losing virginity carry extreme social stigma, and the

 victims are deemed to have their "reputation" tarnished, a marriage with the rapist is arranged. This is claimed to be in the advantage of both the victim – who does not remain unmarried and doesn't lose social status – and of the

 rapist, who avoids punishment. In 2012, after a Moroccan 16-year-old girl committed suicide after having been forced by her family to marry her rapist and enduring further abuse by the rapist after they married, there have been

 protests from activists against this practice which is common in Morocco.
In some societies, the very high social and religious importance of marital fidelity, especially female fidelity, has as result the criminalization of adultery, often with harsh penalties such as stoning or flogging; as well as leniency

 towards punishment of violence related to infidelity. In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition. Opponents of adultery laws argue that

 these laws are a major contributor to discrimination and violence against women, as they are enforced selectively mostly against women; that they prevent women from reporting sexual violence; and that they maintain social

 norms which justify violent crimes committed against women by husbands, families and communities. A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice states that "Adultery as a criminal offence violates women's human rights".

Laws, human rights and gender status 
The laws surrounding heterosexual marriage in many countries have come under international scrutiny because they contradict international standards

 of human rights; institutionalize violence against women, child marriage and forced marriage; require the permission of a husband for his wife to work in a paid job, sign legal documents, file criminal charges against someone, sue in

 civil court etc.; sanction the use by husbands of violence to "discipline" their wives; and discriminate against women in divorce.
Such things were legal even in many Western countries until recently: for

 instance, in France, married women obtained the right to work without their husband's permission in 1965, and in West Germany women obtained this right in 1977. In Spain, during Franco's era, a married woman needed her

 husband's consent, referred to as the permiso marital, for almost all economic activities, including employment, ownership of property, and even traveling away from home; the permiso marital was abolished in 1975.
An absolute submission of a wife to her husband is accepted as natural in many parts of the world, for instance surveys by UNICEF have shown that the

 percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, 80% in Central African Republic. Detailed results from Afghanistan show

 that 78% of women agree with a beating if the wife "goes out without telling him " and 76% agree "if she argues with him".
Throughout history, and still today in many countries, laws have provided for

 extenuating circumstances, partial or complete defenses, for men who killed their wives due to adultery, with such acts often being seen as crimes of passion and being covered by legal defenses such as provocation or defense of

 family honor.
Right and ability to divorce 
While international law and conventions recognize the need for consent for entering a marriage – namely that people cannot be forced to get married against their will – the right to obtain a divorce is not recognized; therefore holding a person in a marriage against their will is not considered a violation of

 human rights, with the issue of divorce being left at the appreciation of

 individual states.

In the EU, the last country to allow divorce was Malta, in 2011. Around the world, the only countries to forbid divorce are Philippines and Vatican City, although in practice in many countries which use a fault-based divorce system obtaining a divorce is very difficult. The ability to divorce, in law and practice, has been and continues to be a controversial issue in many countries, and

 public discourse involves different ideologies such as feminism, social conservatism, religious interpretations.

Dowry and bridewealth 

In recent years, the customs of dowry and bride price have received international criticism for inciting conflicts between families and clans; contributing to violence against women; promoting materialism; increasing

 property crimes ; and making it difficult for poor people to marry. African women's rights campaigners advocate the abolishing of bride price, which they argue is based on the idea that women are a form of property which can be

 bought. Bride price has also been criticized for contributing to child trafficking as impoverished parents sell their young daughters to rich older men. A senior Papua New Guinea police officer has called for the abolishing of bride price arguing that it is one of the main reasons for the mistreatment of women in

 that country. The opposite practice of dowry has been linked to a high level of violence and to crimes such as extortion.
Children born outside marriage 
Historically, and still in many countries, children born outside marriage

 suffered severe social stigma and discrimination. In England and Wales, such children were known as bastards and whoresons.
There are significant differences between world regions in regard to the social

 and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated.
The 1975 European Convention on the Legal Status of Children Born out of

 Wedlock protects the rights of children born to unmarried parents. The convention states, among others, that: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were

 born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock."
While in most Western countries legal inequalities between children born

 inside and outside marriage have largely been abolished, this is not the case in some parts of the world.
The legal status of an unmarried father differs greatly from country to country.

 Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish paternity. In some countries however, unmarried cohabitation of a couple for a specific period of

 time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia. Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been

 established as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some

 countries, such as Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child. In 2010, the European Court of Human Rights ruled in favor of a German man who had

 fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children.
The steps that an unmarried father must take in order to obtain rights to his

 child vary by country. In some countries it is sufficient for the father to be listed on the birth certificate for him to have parental rights; in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken.