Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
If there be no marriage contract to the contrary, the husband is the legal
administrator of all the property belonging to the married couple,
including that of the wife, as well as that which they possessed at
marriage as of that subsequently acquired by them in their own right.
The wife is bound to live with the husband wherever he may fix his
residence.
A wife cannot, without her husband's permission, go to law, make any
contract, or acquire goods, nor alienate or pledge goods without such
permission. The wife may, of course, in certain cases, such as divorce,
acquire judicial authorization for prosecuting or defending a suit in the
courts.
DIVORCE.--The courts of the Argentine Republic grant divorces, but in
effect they only amount to a personal separation of the parties to a
marriage, without the dissolution of the bonds of matrimony.
These so-called divorces are granted for the following causes:
1. Adultery of the husband or wife.
2. Attempt by one of the parties on the life of the other, either
personally or as an accomplice.
3. The instigation of one of the parties by the other to commit adultery
or other crimes.
4. Cruelty.
5. Serious injuries. In estimating the gravity of the injury the judge
will take into consideration the education and social position of the
parties.
6. Such ill-treatment, even if not serious, as renders married life
unsupportable.
7. Wilful and malicious desertion.
EFFECTS OF THE DIVORCE.--If the wife be of age she can exercise all the
usual acts of civil life.
Each of the parties can fix his or her domicile or residence where he or
she thinks fit, even if it be abroad. However, if the party have children
under his or her care, they cannot be taken abroad without the permission
of the court of their domicile.
The innocent party can revoke the donations or advantages which he or she
may have made or promised to the other by the marriage contract, whether
they were to have come into effect during the life of the party or after
his or her death.
Children less than five years old remain in the mother's custody. Those
over that age shall be handed over to the party who, in the opinion of the
judge, is most fitted to educate and care for them.
The husband who may have given cause for divorce must continue to support
the wife if she have not sufficient means of her own. The judge shall
decide the amount and manner in which this shall be done, with due regard
to the circumstances of both parties.
Whichever of the parties may have given cause for divorce will have the
right to require the other, if he or she be able to do so, to provide him
or her with subsistence, if such be absolutely necessary.
DISSOLUTION OF MARRIAGE.--A legal marriage can only be dissolved by the
death of one of the contracting parties.
A marriage which can be dissolved in accordance with the laws of the
country in which it was celebrated cannot be dissolved in the Argentine
Republic except by the death of one of the parties.
Public-domain text, read in full here on John Shaqi.
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