Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
1. Consanguinity between ascendants and descendants without limitation,
whether legitimate or illegitimate.
2. Consanguinity between brothers and sisters and half brothers and
sisters, legitimate or illegitimate.
3. Affinity in the direct line in all degrees.
4. The woman not being twelve and the man fourteen years of age.
5. The existence of a previous marriage.
6. Where one of the parties has been voluntarily the author of, or the
accomplice in the death of, the former husband or wife of the other.
7. Insanity.
8. A woman over twelve years of age and a man over fourteen, but minors,
and the deaf and dumb who cannot write cannot bind themselves in marriage
without the consent of their legitimate father, or, failing him, without
their mother's consent, or that of their guardian, or of the judicial
consent or permission, in the absence of the above. The civil judge will
decide in cases of disagreement.
9. A guardian, or his descendants under his power, cannot marry minors
under his guardianship so long as the latter lasts.
PRELIMINARIES.--Those who desire to marry must present themselves before
the public official in charge of the civil register, at the domicile of
one of the parties, and verbally declare their intention to marry. Two
witnesses are required who, from their knowledge of the contracting
parties, can declare as to their identity and that they consider them
capable of being married.
CELEBRATION.--The marriage must be celebrated before the official charged
with the civil registry in his office, publicly, the bride and bridegroom,
or their proxies, appearing in person, in the presence of two witnesses
and with the formalities prescribed by law. If either of the contracting
parties are unable to appear at the registry office the marriage may be
celebrated at his (or her) residence.
If the marriage be celebrated in the registry office two witnesses must be
present, and four witnesses if it is celebrated at the domicile of either
of the contracting parties.
In celebrating the marriage the Public Registrar must read to the
contracting parties those portions of the law which define the rights and
obligations of married couples. He must also receive from each the
declaration that they respectively desire to take each other as husband
and wife. He must also formally declare the couple to be man and wife.
There is no legal objection to a religious celebration of marriage
following the civil ceremony, which alone is treated as legally effective.
HUSBAND AND WIFE.--The contracting parties are bound to be mutually
faithful, but the infidelity of the one does not excuse the infidelity of
the other. The one who breaks this obligation can be proceeded against by
the other in the divorce courts without prejudice to what is laid down on
the subject by the Penal Code.
The husband is bound to live in the same house as his wife and to give her
all necessary assistance, protection and support.
Public-domain text, read in full here on John Shaqi.
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