Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
A separation from bed and board is granted by the courts to either party
to a marriage upon proof of adultery, cruelty, desertion or confirmed
drunkenness; and to a wife for the failure of her husband to provide her
proper support.
Where a husband keeps a concubine in the same house with his wife the
latter is justified in leaving him to live elsewhere, and in so doing the
wife does not lose any of her marital rights.
Quebec is the only Province in the Dominion of Canada where a child born
out of wedlock is legitimatized by the subsequent marriage of the parents.
BRITISH COLUMBIA.--The Divorce and Matrimonial Act of 1857, passed by the
Imperial Parliament, is in full effect in this Province.
The Supreme Court has jurisdiction to entertain a petition for divorce
between persons domiciled in the Province and in respect of matrimonial
offences alleged to have been committed therein.
Absolute divorces are granted on the application of the husband on the
ground of adultery; on the application of the wife on the ground of
incestuous adultery, bigamy with adultery, rape, sodomy or bestiality,
adultery coupled with such cruelty as without adultery would have entitled
her to a judicial separation, or adultery coupled with desertion, without
reasonable excuse, for two years or upwards. Alimony may be ordered to be
paid to the wife, by the decree dissolving the marriage or granting a
separation, or it may be sued for separately if the wife has either
obtained or is entitled to such a decree. After absolute divorce either
party may marry again. The procedure in divorce matters is almost
identical with that of England.
A judicial separation may be obtained by either spouse because of:
1. Adultery.
2. Cruelty.
3. Desertion without cause for two years or more.
NEW BRUNSWICK.--It is interesting to note that in this Province a married
woman may acquire, hold and dispose of, by will or otherwise (except that
husband's curtsey will not therefore be affected), any real or personal
property as her separate property, in the same manner as if she were a
_femme sole_, without the intervention of any trustee, and may enter into
and render herself liable in respect of and to the extent of her separate
property on any contract, and of suing and being sued in all respects as
if she were a _femme sole_.
The grounds for absolute divorce are:
1. Impotency.
2. Adultery.
3. Consanguinity.
NOVA SCOTIA.--This old Province, originally called Acadia, has a judiciary
which consists of a chief justice, an equity judge and five puisne judges,
a supreme court having law and equity jurisdiction throughout the
Province, a vice-admiralty court and a court of marriage and divorce.
The rules as to consanguinity and affinity, the causes for divorce and
judicial separation and the civil effects of marriage and divorce are the
same as in England.
Public-domain text, read in full here on John Shaqi.
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