Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
EFFECTS OF DIVORCE.--Divorce can only be granted to the innocent party,
and suit therefor must be brought within one year after the petitioner
discovers the facts which constitute a legal cause for a decree.
The innocent party, pending the action, or even after the final decree,
may require the other party to resume the marriage relationship.
The most usual effect of a divorce is a physical separation of the
spouses.
If the wife is the guilty party she may, on her husband's suggestion, be
directed by the judge to live in a certain house, for the protection of
the good name of the husband.
Upon the finding of a decree of divorce, if the parties have not reached
an appropriate agreement, the judge will make such directions as to the
maintenance of the wife, custody of children and division of common
property as justice may require.
FOREIGN MARRIAGES.--Marriages concluded between foreigners in a foreign
country, which are valid in that country, will be recognized as valid for
all civil effects in Mexico.
A marriage between a Mexican citizen and a foreigner, or between two
Mexican citizens, and concluded in a foreign country, will be valid for
all civil effects in Mexico, provided such marriage was concluded
according to the law of the foreign country and is not in violation of the
Mexican laws as to the prohibited degrees of relationship, capacity to
contract and consent of persons in _loco parentis_.
Foreign laws (_leyes extranjeras_) must be established as matters of fact
by the persons relying upon their existence, and their application to
questions at issue must also be shown.
Within three months after a Mexican citizen who has concluded marriage in
a foreign country returns to the Republic, he or she must cause the
inscription of the celebration to be entered in the Civil Register of his
or her domicile.
CHAPTER XXVIII.
ARGENTINE REPUBLIC.
The Civil Code of the Argentine Republic shows strong evidences of the
Spanish origin of its precepts. As in the old motherland marriage is
considered as indissoluble except by the death of one of the contracting
parties. However, the Republic does not accept the decrees of the Council
of Trent or the canonical law of the Catholic Church on the subject of
marriage as parts of the law of the land.
As a matter of religion the people of Argentina may consider marriage as a
sacrament or divine ordinance, or not, as it pleases their consciences,
but as a matter of law marriage in the Argentine Republic is simply a
civil contract.
ESSENTIALS OF MARRIAGE.--For the validity of marriage there must be the
consent of two contracting parties declared before the public official in
charge of the civil register. The contract can be declared by proxy, but
only with a special authorization from the principal, in which the person
with whom the proxy has to conclude the marriage is clearly described.
IMPEDIMENTS.--The existence of any of the following conditions make a
marriage unlawful:
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