Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
MARRIAGE.--The courts of Mexico, following the Federal Code, define
marriage as the lawful co-partnership of one man and one woman united for
life in an indissoluble bond to perpetuate their species and to render
each other mutual assistance, fidelity and sympathy in bearing together
the burdens of life.
The law does not recognize in any manner future espousals, nor any
conditions contrary to the legitimate purposes of marriage.
Marriage must be preceded by the statutory preliminaries and be celebrated
before authorized officials with all such formalities as are by law
required.
A male must be at least 14 years of age and a female at least 12 years of
age to contract marriage, unless a dispensation from the superior
political authority is obtained permitting marriage at an earlier age.
Such a dispensation can only be obtained in exceptional cases and for good
cause.
Parental consent is required for the marriage of both males and females
under the age of 21 years. If the father is dead the consent of the mother
is sufficient. If both the father and mother are dead then the consent of
the paternal grandfather will suffice. If he is also dead the paternal
grandmother must give consent. In the event of both paternal grandparents
being dead the maternal grandparents take their place and exercise the
_patria potestad_.
IMPEDIMENTS.--The impediments to marriage are:
1. Incapacity of the parties, as when one or both are under age.
2. Absence of the consent of parents or of the person exercising the
rights of a parent.
3. Mistake as to the identity of either party.
4. Relationship within the prohibited degrees.
CONSANGUINITY AND AFFINITY.--Marriages are prohibited between ascendants
and descendants; between brothers and sisters of the whole or half blood;
between uncles and nieces; aunts and nephews, and all other persons
related by blood or marriage within the third degree.
The laws of Mexico recognize no relationship other than one by
consanguinity and affinity.
Each generation constitutes a degree, and the series of degrees constitute
the line of relationship.
OTHER PROHIBITIONS:
A. A marriage is prohibited when either of the intending parties has a
husband or wife still living.
B. If one of the parties has made an attempt against the life of the
husband or wife of the other with the intention of marrying the survivor.
C. If one of the parties has obtained the apparent consent of the other by
fear, coercion or duress.
D. If either of the parties is permanently and incurably insane.
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