Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Until the Parliament of the Commonwealth shall legislate on the subject,
by passing enactments concerning divorce and matrimonial causes
superseding the existing statutes of the several States, the laws of each
State will continue in operation.
In this chapter we shall consider, first, such laws and regulations
concerning marriage and divorce as are in effect throughout the entire
Commonwealth, and then, under separate headings, discuss the laws and
regulations of each State.
MARRIAGE.--The courts of Australia, following the English courts, only
recognize as a true marriage one which, in addition to being valid in
other respects, involves the essential requirement that it is a voluntary
union of one man and one woman for life to the exclusion of all others.
The law of the place where marriage is celebrated--that is, the _lex loci
celebrationis_--alone guides the court in ascertaining whether or not a
marriage is regular. All the formal preliminaries, such as the publication
of banns, or license, the consent of the parties entitled to give or
withhold consent and the solemn declaration of the contracting parties
before competent authority, according to the law of the place of
celebration, must be complied with.
LEGAL AGE.--The legal age for marriage throughout the Commonwealth of
Australia begins with fourteen years for a male and twelve years for a
female.
PARENTAL CONSENT.--In all of the States parental consent is required for
the marriage of males and females under twenty-one years of age.
BANNS OR LICENSE.--Unless a marriage license is procured banns must be
published in the parish in which the parties reside, and if they live in
different parishes the banns must be published in each parish.
Where a man has caused the banns to be published or has procured a license
under a false name or names, or has been married under a false name or
names, he will not be allowed to annul the marriage on that account. A
party cannot take advantage of his own fraud for the purpose of
invalidating a marriage.
CONSANGUINITY AND AFFINITY.--The law considers it against public policy
and morality, and contrary to the well-being of the parties, that persons
closely related by blood or marriage should intermarry. Marriages are
therefore prohibited between all ascendants and descendants, legitimate or
illegitimate.
A man is also prohibited from marrying his stepmother, wife's mother,
stepdaughter, daughter-in-law, son's daughter-in-law, daughter's
daughter-in-law, stepson's daughter, stepdaughter's daughter, niece by
blood, niece by affinity, or nephew's wife.
A woman is prohibited from marrying her uncle by blood or affinity,
husband's uncle, father-in-law, stepson, son-in-law, son's son-in-law,
daughter's son-in-law, stepson's son, stepdaughter's son, nephew by blood
or affinity, or niece's husband.
ANNULMENT OF MARRIAGE.--A marriage may be annulled in any of the States of
the Commonwealth upon competent proof showing:
Public-domain text, read in full here on John Shaqi.
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