Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
7. Cruelty, threats or injury of a serious nature by one spouse against
the other.
8. False accusation of a grave nature made by either party against the
other.
9. The refusal, or wilful neglect, of one spouse to furnish alimentation,
or support, to the other, in accordance with law.
10. Incorrigible vices of gambling or drunkenness.
11. The existence of a chronic and incurable disease which is hereditary
or contagious afflicting one of the spouses previous to the marriage, of
which the other spouse had no knowledge when the marriage was concluded.
12. If the wife gives birth to a child conceived before marriage, which
child has been judicially declared illegitimate.
13. An infringement or violation of the marriage settlements
(_capitulaciones matrimoniales_).
14. Mutual consent of the parties.
PROCEEDINGS FOR DIVORCE.--Even if the spouses consent to a divorce there
must be a formal legal proceeding. In such a case the suit is begun by a
petition to the judge setting forth clearly the consent to divorce and the
agreement of the parties as to the maintenance of the wife, the custody of
the children and the disposition or division of the property held in
common.
When such a petition is filed it becomes the duty of the judge to summon
the parties before him and to endeavour to effect a reconciliation.
In a suit where the spouses do not mutually consent to a divorce, it is
still the legal duty of the judge to attempt a reconciliation of the
parties.
ANNULMENT OF MARRIAGE.--While the Mexican law does not recognize absolute
divorce it does provide for the annulment or setting aside absolutely of
certain marriages. Marriages are voidable and may be annulled in the
courts on the following grounds:
A. If the parties are related within the prohibited degrees of
consanguinity and affinity.
B. If the parties, or either of them, were incapable by reason of non-age
or otherwise of legally concluding marriage.
C. If the necessary parental consent, or consent of the person exercising
the _patria potestad_, was not had.
D. If the marriage was irregular or contrary to law, as, for example, if
the proper publication was omitted, or no witnesses attended the
celebration.
E. If there exists in either party, and existed before the marriage, an
incurable impotency for copulation.
Want of legal age of either party is not a ground for annulment if a child
is born, the issue of the union.
And if either party, or both, were under the legal age at the time of
marriage, a decree of annulment will not be granted if, upon becoming
twenty-one years of age, the spouses continue to cohabit together.
Such marriages as we have pointed out above are not void, but voidable,
and any of the grounds sufficient for annulment may be waived by the
aggrieved spouse.
Public-domain text, read in full here on John Shaqi.
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