Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Persons ordained _in sacris_ and those professed in an approved canonical
order, who are bound by a solemn pledge of chastity, cannot lawfully
conclude marriage until they have obtained the proper canonical
dispensation.
Those who are already bound in marriage cannot contract a new marriage.
Persons who are twenty-three years of age or upwards may conclude
marriage, if otherwise of legal capacity, without parental consent or
advice.
Persons under twenty years of age require the consent of their parents, or
of such persons whose right it is to give or withhold such consent.
Persons who are more than twenty years of age, but under twenty-three, are
under the obligation of asking the advice or counsel of their parents or
of such persons standing in the parental relation before contracting
marriage, and if the advice is refused, or it should be unfavourable, the
marriage cannot take place until three months after the petition was made.
The consent and the favourable advice for the celebration of a marriage
must be proven, if requested, by means of an instrument authenticated by a
civil or ecclesiastical notary or by the municipal judge of the domicile
of the petitioner.
When the advice has been proven the lapse of time shall be proven in the
same manner.
If a marriage is concluded by persons more than twenty years of age, and
under twenty-three years of age, without compliance with the rules just
stated, the marriage will be recognized as valid, but the offender is
subject to certain disabilities and penalties.
CONSANGUINITY AND AFFINITY.--The following persons are prohibited from
contracting marriage with each other:
1. The ascendants and descendants by legitimate or natural consanguinity
or affinity.
2. Collaterals by legitimate consanguinity up to the fourth degree.
3. Collaterals by legitimate affinity up to the fourth degree.
4. Collaterals by natural consanguinity or affinity up to the second
degree.
The government, for sufficient cause, may on the petition of a party grant
a dispensation permitting a marriage of minors who have not obtained the
proper permission or advice of the persons whose legal right it is to
authorize one or the other.
For grave reasons the government may also grant a dispensation relieving a
party from the prohibition of marrying within the third and fourth degrees
of collaterals by legitimate consanguinity; the impediments arising from
legitimate or natural affinity between collaterals and those relating to
the descendants of the adopter.
SPECIAL PROHIBITIONS.--The following persons cannot contract marriage with
each other:
1. The adopting father or mother and the adopted; the latter and the
surviving spouse of the former, and the former and the surviving spouse of
the latter.
2. The legitimate descendants of the adopter with the adopted, while the
adoption lasts.
3. Adulterers who have been condemned by a final judgment.
Public-domain text, read in full here on John Shaqi.
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