Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
2. Adultery on part of the husband if committed in the conjugal residence
or if it is coupled with circumstances or conduct of aggravation or of a
repeated act of adultery.
3. Desertion without just cause continued for three years or more.
4. The habitual drunkenness of a husband for three years, if the husband
has habitually left his wife without support, or has habitually been
guilty of cruelty to her.
5. Habitual drunkenness of a wife for three years, if the wife has
habitually neglected her domestic duties, or rendered herself unfit to
discharge them.
6. Imprisonment of either spouse for not less than three years, and being
still in prison under a commuted sentence for a capital crime, or under
sentence to penal servitude for seven years or more.
7. If the husband has within five years undergone frequent convictions for
crime and has been sentenced in the aggregate to imprisonment for three
years or more, leaving his wife habitually without means of support.
8. That within a year previously the respondent has been convicted of
having attempted to murder the petitioner, or of having assaulted him or
her with intent to inflict grievous bodily harm, or that repeatedly during
that period the respondent has assaulted and cruelly beaten the
petitioner.
FORM OF DECREE.--Divorce decrees are entered, in the first instance,
_nisi_, or provisionally, and cannot be made absolute until after the
expiration of three months following the decree _nisi_.
IN FORMA PAUPERIS.--Special provision is made enabling poor persons to
prosecute suits for divorce by an interlocutory order in _forma pauperis_,
which relieves the person in whose favour it is granted from certain
charges and expenses, but does not furnish him or her with the free
services of a solicitor or barrister.
RECENT DECISIONS.--An important divorce decision holds that visits to
brothels by a petitioner who seeks a divorce on the ground of his wife's
adultery constitute misconduct conducing to the adultery of the wife and
bars the petitioner from a decree, without entering into the question of
whether or not adultery was committed by the petitioner in the course of
such visits.
However, the fact that a husband has conduced to an act of adultery by his
wife is not a bar to him obtaining a divorce based on subsequent acts of
adultery.
NEW SOUTH WALES.--The requirements as to age, consent of parents, or of
persons standing in _loco parentis_ are the same in this State as
throughout the rest of the Commonwealth and have been set forth in the
first part of this chapter.
No marriage can be celebrated except by a minister of religion ordinarily
officiating as such, whose name, designation and usual residence have been
and continue registered in the office of the Registrar-General for
Marriages in Sydney or by a district registrar.
Parental consent is not required of persons who have previously been
lawfully married and whose former marriage has been dissolved by death or
divorce.
Public-domain text, read in full here on John Shaqi.
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