Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
FOREIGN MARRIAGES.--The courts of Canada and Newfoundland recognize a
marriage concluded in a foreign country as valid if it was performed in
accordance with the laws of the foreign country, if each person was
competent to marry, according to the laws of the country of his and her
citizenship, and if the marriage was not in violation of the general laws
and usages of Christendom.
ONTARIO.--The High Court of Justice in this Province has jurisdiction
where a marriage correct in form is ascertained to be void _de jure_ by
reason of the absence of some essential preliminary to declare the same
null and void _ab initio_; but nothing short of the most clear and
convincing testimony will justify the interposition of the court.
As we have observed before, there is no divorce court in the Province.
Every married woman is entitled to hold and alienate as her separate
property all wages and profits acquired by her in any separate occupation
which she may conduct on her separate account.
QUEBEC.--This Province, which is composed largely of Roman Catholic
inhabitants of French ancestry, treats marriage as a religious contract.
The system of jurisprudence in Quebec is an admixture of the Code
Napoleon, the _coutume de Paris_, and the common law of England. The
provisions of the Civil Code and Code of Civil Procedure of the Province
are largely of French origin.
Marriage must be solemnized openly by a competent officer recognized by
law and must be preceded by the publication of banns, unless a license is
obtained. A license for a marriage by a Protestant clergyman must be
issued from the office of the Provincial Secretary.
A marriage contracted without the free consent of both parties, or of one
of them, can only be attacked by such parties themselves or by the one
whose consent was not free.
A marriage contracted before the parties, or either of them, have attained
the age required can no longer be contested if six months have elapsed
since the party or parties have attained the proper age; or if the wife
under that age has conceived before the termination of six months.
The laws in this Province concerning the rights of married women to own
property separate from their husbands are almost mediæval.
A married woman cannot take judicial proceedings without being authorized
so to do by her husband or the court.
A husband and wife cannot contract with each other even with the
assistance of a third person. They cannot even make donations to each
other during the marriage.
Husband and wife are not competent witnesses against each other in a court
of law.
Neither the courts nor the Provincial legislature grant divorces which
dissolve the marriage bond. Applications for such relief must be addressed
to the Dominion Parliament.
Public-domain text, read in full here on John Shaqi.
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