Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
An opposition to a marriage made by an interested person must be heard and
determined by the municipal judge of the district before any person
whatsoever is authorized to solemnize the nuptials.
The celebration itself must be witnessed by two adults, who may be
relatives of the parties. Article 87 of the code, permitting one or both
of the parties to a marriage to appear at the celebration, either
personally or by proxies to whom a special power is given, is still in
effect.
The municipal judge, priest, minister or clergyman who solemnizes a
marriage must immediately furnish to the parties a certificate of marriage
and cause a full and particular record of said marriage to be filed in the
Civil Registry of the District (_Registro Civil del Distrito_), in default
of which such judge, priest, minister or clergyman will be subject to a
fine of one hundred _pesos_, or imprisoned for not less than 30 days, or
not more than 90 days, by the Correctional Judge (_Juez Correccional_) of
his domicile.
ANNULMENT OF MARRIAGES.--The civil courts have exclusive jurisdiction to
decree an annulment of marriage.
The following marriages are void:
1. Those celebrated between persons related within the prohibited degrees,
except in cases of dispensation.
2. Those contracted by error as to the person or by compulsion or
intimidation.
3. Those contracted by the abductor with the abducted while she is in his
power.
4. Those which are not solemnized by an authorized official.
A marriage contracted in good faith produces civil effects, although it
may be declared void.
If good faith existed on the part of only one of the spouses it shall
produce civil effects only with regard to said spouse and to the children.
Good faith is presumed if the contrary does not appear.
When bad faith existed on the part of both spouses the marriage shall only
produce civil effects with relation to the children.
After the annulment of a marriage the sons over three years of age shall
remain in the care of the father and the daughters in the care of the
mother, provided there was good faith on the part of both spouses.
If either or both were guilty of bad faith the tribunal has power to make
such disposition of the children as justice may require.
RIGHTS AND OBLIGATIONS.--The spouses are obliged to live together, to be
faithful to, and mutually assist, each other.
The husband must protect his wife, and the latter must obey her husband.
The wife is obliged to follow her husband wherever he may establish his
residence. The tribunals may, for just cause, exempt her from this
obligation when the husband removes his residence beyond the seas or to a
foreign country.
The husband is the administrator of the property of the conjugal
partnership, except when the contrary is stipulated.
The wife, however, retains ownership of the paraphernal property, which
consists of such property as the wife brings to the marriage, not included
in the dowry.
Public-domain text, read in full here on John Shaqi.
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