ABSTRACT

Husband and wife are now regarded in law as separate persons, although there is still a concept of consortium which assumes a certain element of joint enterprise in the marriage partnership (eg, the wife still usually takes the husband’s surname, there is a matrimonial home, an expectation of sexual intercourse and a concept of marital confidence). Marriage creates financial rights and responsibilities-a mutual obligation of maintenance of the other spouse and children and the concept of not shedding this burden onto the State if the spouses are able to discharge it themselves.