A union is a legally binding agreement for a wife’s financial survival in the event of her husband’s death. It can be made before or after marriage, canceled by the wife, and often linked to dowry. This practice dates back to ancient times and is still practiced in Islamic culture. It also exists in Western culture, such as in Canadian and US law.
A union is simply an arrangement for a wife in the event of her husband’s death. This type of legally binding agreement usually involves a portion of the deceased’s estate or a sum of money that will ensure the wife’s financial survival in the event of the husband’s death. Typically a union should take effect immediately after the husband’s death, must be for the life of the wife or be entered into of her own free will, and should be made before the marriage – or if made after the marriage, the wife can cancel the agreement if she deems it acceptable at her husband’s death. She should also fulfill the conditions of the dowry without being a part of it. A union often takes effect if there isn’t already a dowry.
Historically speaking, splicing is a practice that was established in laws during the Middle Ages and can date back as far as the Code of Hammurabi in ancient Babylon. In most cases, a fraction of the husband’s estate, usually a third or half, was promised to the wife upon marriage to care for the wife’s needs in the event of the husband’s death. It was possible, however, to establish a union after the exchange of wedding vows. This usually involved the wife or someone on behalf of the wife paying the husband money or property for a life partnership over her and could be canceled by the wife.
This practice is often related to dowry. The term “dowry” originates from the German practice of the groom giving the bride after the consummation of the marriage on the morning after the wedding night, if the bride outlives her husband. A dowry is a gift given by the bride’s family to the groom during the engagement to be used by both spouses during the marriage.
In contrast to the dowry, however, the husband was usually unable to use the dowry during the marriage, and the dowry was often supervised by a male relative of the bride until the wife became a widow. At that time, the widow could use or distribute her dowry at her discretion. This policy was used to secure the widow’s financial status, but also to keep the widow from becoming a burden to the surrounding community.
Provisions for a wife were often given by law in European and Eastern culture, but were also commonly linked to religious practices. For example, splicing is still practiced in the 21st century in the Islamic faith. In Islamic culture, this practice is known as mahr, and husband and wife must agree on it. This practice can be canceled by acts of the wife or conditions of the marriage. For example, if the wife commits adultery or if she files for divorce, then the union may become invalid and the mahr returned to the husband upon request by a judge.
The union also exists in Western culture. It has been introduced in both Canadian law and in the United States. In United States law, joint venture is usually referred to as an elective share and assigns a portion of the remaining property from an estate to the surviving spouse if the deceased does not leave a will. Some regions also have a clause allowing children of the deceased to claim an elective share.
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