Marriage, Separation And Divorce In Iathrannach Culture

For the Iathrannach people, marriage is conceived of as a form of a contract which has several purposes. These purposes include the protection of property rights, the care of progeny, and the rights of the individuals involved in the relationships. There are many recognized forms of marriage. Though each tribe differs slightly as to the number and exact relationships described by the various marriage forms, the intent is clearly similar. The protection and care of children, clear understanding of roles, relationships and expectations and protection of property rights are the driving forces of the marriage laws of Iathrann.

Marriage

Although some Iathrannach marriages are considered to be temporary trial marriages, of the 'year and a day' variety, Iathrannach law makes it clear that the recognized forms of marriage are much more complicated than simple trial marriages. Trial marriages, often called "Taillte marriages", are simply the coming together of two people for a specified time, at the end of which the partnership is dissolved or a more formal marriage contract is entered into.

Most of the laws related to marriage occur in the drymennach book called the Cain Lanamna. The ten forms of marriage are:

1.A marriage of the first degree, which takes place between partners of equal rank and property.
2.A marriage of the second degree, in which a woman has less property than the man and is supported by him.
3.A marriage of the third degree, in which a man has less property than the woman and has to agree to the management of the woman's cattle and fields.
4.A marriage of the fourth degree is the marriage of loved ones in which no property rights change hands, but children's rights are safeguarded.
5.A marriage of the fifth degree is the mutual consent of a man and a woman to share their bodies, but live under separate roofs.
6.A marriage of the sixth degree, in which a defeated enemy's wife is abducted. This marriage is valid only as long as the man can keep the woman with him.
7.A marriage of the seventh degree is called a "soldier's marriage" and is a temporary and primarily sexual union (a one night stand).
8.A marriage of the eighth degree occurrs when a man seduces a woman through lying, deception or taking advantage of her intoxication (equivalent to date rape).
9.A marriage of the ninth degree is a union by rape (forcible rape).
10.A marriage of the tenth degree occurs between feeble-minded or insane persons.

Thus the ancient forms of marriage can be roughly placed into three categories. The first are marriages where property is taken into consideration and a "prenuptial agreement" is necessary (the first to third degrees of marriage). The second group are less formal marriages where no property is involved and thus no formal agreement is necessary (the fourth, fifth, and seventh degrees of marriage), while the third category consists of marriages that occur without the permission or informed consent of one of the woman, and essentially exists to define the legal status of that partner and any resulting offspring from the union, and the obligations due to the offspring (the sixth, eighth, ninth and tenth degrees of marriage).

Homosexual unions are not regarded as marriages per se, largely because no progeny are possible save by adoption or fosterage (to which separate laws pertain), but such unions are not forbidden by any means, and there is no discrimination against such persons if they are otherwise productive members of their families and tribes. It is the right and protection of children that is the primary consideration in the marriage contracts, not the status of the man or woman involved.

The complexity of the marriage issue is further clouded, however, by the fact that polygyny (a man having more than one wife) is permitted and widespread. The fact that there are various forms of marriage and that plural marriages are not forbidden makes for interesting family and kinship ties, thus strict laws regarding care of progeny and inheritance of property exist. Also, although marriages are often arranged between families, a woman has the right legally to choose her own husband. She can not be forced to marry (except in those certain cases noted in the sixth, eighth, ninth and tenth degrees of marriage).

Rearing of children is generally the equal responsibility of both parents and their families. However, if a child results from a union in which there was wrongdoing by the father, such as rape, seduction or even in the case of the pregnancy of a free woman without her family's consent, the father alone is responsible for the rearing of the child. Sole responsibility for child-rearing falls on the father if the mother is ill or disabled, insane, or outcast from her own kin. It is interesting to note that satirists, both women and men, are considered unfit to raise a child. The father also is responsible for the child if the mother is deceased. The mother has the sole responsibility for the rearing of the child if the father was a foreigner, a slave , a satirist or a man expelled by his own kin. If a woman allows herself to be impregnated by a dependent son against the wishes of his father, she is also responsible for the rearing of the child. A prostitute is responsible for rearing her children. When there are children resulting from the marriage of two insane or feeble-minded people, the responsibility for child-rearing falls on the person who is responsible for the marriage.

Property is a clear consideration in the different types of marriages. The more formal types of marriages are arranged between families and the betrothal is a contract guaranteed by sureties from both families. A bride in such a marriage is purchased from her family and a bride-price is given to the bride's father, of which a portion was due to the bride herself. If the marriage breaks up through the fault of the husband, the wife retains this portion of the bride-price as her own, but if the marriage breaks up through some fault of hers, this portion of the bride-price is forfeit to her husband.

In the formal types of marriage, equality of social class is an important factor. The financial burdens of a marriage of two people of divergent classes fall heavily on the lower-class partner. Two-thirds of the cattle have to be provided by the family of the lower-class partner. This tends to discourage such unions.

Inheritance also is influenced by the type of marriage that is contracted. A chief wife has rights to her husband's estate while a more informal contract would not stipulate any rights to care by the other partner. Iathrannach law states that children have the same rights of inheritance regardless of the status of their mothers. Thus, the son of the chief wife and the son of a more informal union (if the union was recognized by the families involved) have equal rights to inherit. Some sons do not have the right to inherit, however. The sons of known prostitutes, sons who are outcast from the family, and abandoned children who have not been formally adopted fall into this category. Daughters are entitled to a share of personal property but not necessarily to land unless there are no sons or the daughter's father was a foreigner with no land of his own.

Divorce

There is not a social stigma attached to divorce in Iathrannach society. Divorce simply acknowledges that the terms of a marriage contract have been violated by one party or the other. In fact, women who have been married previously and have children are often sought after because their fertility has been proven. Much of the Cain Lanamna deals with the divisions of property necessitated by divorce. There are also situations when there can be separations that do not penalize either partner. Divisions of property depend on the original marriage contract, the situation of the divorce, the amount of property brought into the union by each party and the amount of work done by each of the parties during the marriage.

There are reasons in the law that allow a wife to divorce her husband and retain her bride-price, including the husband repudiating her for another woman, the husband failing to support her, the husband telling lies or satirizing her, or the husband seducing her into marriage by trickery or sorcery. If a husband strikes his wife and his blow causes a blemish, she can also divorce him. There are sexual reasons for divorce as well, including impotence, gross obesity that prevents sexual intercourse, the husband spurning the marriage-bed to exclusively practice homosexuality (if he does not spurn the marriage-bed, homosexuality is not a grounds for divorce), and sterility. A woman can divorce a man if he is indiscreet enough to tell tales about their love life. A woman may also divorce a man who is in the holy orders of the Drymennach Brotherhood, because his obligations to the Brotherhood make it difficult for him to meet his obligations to her.

A man can divorce his wife for several reasons as well, including unfaithfulness, persistent thievery, inducing an abortion on herself, bringing shame to his honor, smothering her child, or 'being without milk through illness'.

Legal Separation

The reasons for 'no-fault' separation include death, leaving the hearth to enter the drymennach priesthood (although drymenna are not forbidden by their order to marry or have children), and more temporary separations such as leaving to go on a pilgrimage, to seek a friend who lives over the boundary of the land, to go somewhere by ship, or to take part in a digal or "vengeance slaying". Either partner can be away due to sick maintenance. Two interesting points of legal temporary separation are the right for the husband of a barren woman to leave for awhile to impregnate a woman in a more informal form of marriage and the right of a wife of a sterile husband who does not wish to divorce him to leave so that another man may impregnate her. The child born of such a union is considered the husband's.

Conclusion

Thus, Iathrannach marriage customs recognize that there is no one simple formula that suits everyone and everyone's circumstances. The force of the law is such that two people are expected to contract openly and honestly about the terms of their marriage partnership, that children born of the union have the full force of legal protection for rearing and inheritance, and that there is provision for the fair division of assets should the contract be broken. People are expected to make a contract, live up to it and take proper care of any children they make together, in keeping with the core Iathrannach belief in personal responsibility.

© 2002 Michael Dellert