Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
COLLUSION.--An illegal agreement and co-operation between a petitioner and
a respondent in a divorce action to enable the petitioner to obtain a
judicial dissolution is a fraud upon the court. Upon such collusion
appearing the court, at its own instance, will dismiss the petition.
DESERTION.--The High Court of Justice of the Commonwealth has defined
desertion, which in several of the States is a legal cause for absolute
divorce, as follows: "Desertion involves an actual and wilful bringing to
an end of an existing state of cohabitation by one party without the
consent of the other. Such 'consent' must be shown by something more than
a mere mute acquiescence in an existing state of separation or
non-resistance to abandonment. What is necessary is some communication of
the intended acquiescence or non-resistance to the other by express words
or by conduct."
FORM OF DIVORCE DECREE.--A decree of divorce in any of the States is
granted _nisi_, or provisionally, and cannot be made absolute until three
months have elapsed after the decree _nisi_ is entered.
A judicial separation may be granted, even if the suit is for an absolute
divorce, if the court deems such a decree better meets the law and facts
of the case.
VICTORIA.--The Marriage Act of 1890 (54 Victoria, No. 1166), entitled "An
act to consolidate the laws relating to marriage and to the custody of
children and to deserted wives and children and to divorce and matrimonial
causes," is practically a short code on the subject of marriage and
divorce.
CELEBRATION OF MARRIAGE.--The following persons, and none other, may
celebrate marriages:
1. A minister of religion ordinarily officiating as such, whose name,
designation and usual place of residence, together with the church, chapel
or other place of worship in which he officiates, is at the time of the
celebration of the marriage duly registered according to law in the office
of the Registrar-General.
2. A minister of religion being the recognized head of a religious
denomination.
3. A minister of religion holding a registered certificate that he is a
duly authorized minister, priest or deacon from the head of the religious
denomination to which he belongs, or, if there be no such religious head,
from two or more officiating ministers of places of worship duly
registered according to law.
4. The Registrar-General or other officer appointed for that purpose.
JEWS AND QUAKERS.--The law permits Jews and Quakers to be married by such
persons and in such manner as is considered regular and lawful according
to their respective beliefs and usages.
FORMALITIES.--A marriage must be preceded by a license or the publication
of banns.
A marriage celebration requires the attendance of two witnesses of full
age.
DIVORCE.--A domicile of two years or more is a condition precedent to
bringing a suit for divorce.
The following are legal grounds for a divorce or dissolution of the
marriage bond:
1. Adultery on part of the wife.
Public-domain text, read in full here on John Shaqi.
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