Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
FORMALITIES.--Parties intending to conclude marriage must personally
appear before the judge of civil status of the domicile of either party,
and state their intention. The judge will thereupon make an entry in a
register kept for that purpose of the names, occupations and domiciles of
both of the contracting parties, the names, occupations and domiciles of
their parents, if the same be ascertainable, the names, occupations and
domiciles of the witnesses whom the parties present to the judge as
knowing the legal capacity of the parties, and proof of the consents of
the parents, or of such persons as are lawfully exercising the rights of
the parents.
If either of the contracting parties has been previously married the judge
must require proper evidence that the former consort is dead.
If it appears that there exists any impediment to the intended marriage
which could be removed by a dispensation from the superior political
authority such dispensation must be exhibited.
Upon the judge receiving the required proof that the parties may be
legally married he will cause a copy of the record to be posted in a
conspicuous place in his office for 15 days, and two similar copies must
be posted in the usual public places. If, during the publication as
aforesaid, and for three days thereafter, no valid opposition is made by
any one to the marriage, it becomes the duty of the judge, upon request of
the parties, to fix the place, day and hour for the celebration.
A marriage must be celebrated in public at the place and time previously
fixed by the judge. The parties must appear in person or by their
specially appointed proxies, and be attended by at least three adult
witnesses, who may be relatives.
The parties, by themselves, or by their specially appointed proxies, must
formally declare to the judge in the presence of the witnesses their
intention to take each other as husband and wife, upon which declaration
the judge shall pronounce them man and wife and make an official record of
the marriage.
RIGHTS AND OBLIGATIONS OF MARRIAGE.--Husband and wife are obliged to be
faithful to each other, and each must contribute his or her part to the
objects of the marriage. They are under mutual obligation to succor and
protect one another and to render each to the other affection and
sympathy.
It is a wife's duty to live with her husband and to follow him wherever he
may choose to go and accept his selection of a conjugal home.
A husband is obligated to provide alimentation (_alimentos_) to his wife
even though she may have brought no property into the marital community.
By alimentation is meant not only necessary food, but raiment and things
of personal necessity and comfort commensurate with the husband's ability
to make such provision. The husband owes his wife the duty of protecting
her person and reputation.
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