Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
A marriage must be attended by two adult witnesses.
By the Matrimonial Causes Act of 1899 jurisdiction in respect of divorces
_a mensa et thoro_ (judicial separations), suits for nullity of marriage,
suits for dissolution of marriage (absolute divorce), suits for
restitution of conjugal rights, suits for jactitation of marriage, and all
causes, suits and matters matrimonial are vested in the Supreme Court of
the State.
CAUSES FOR ABSOLUTE DIVORCE.--A husband who has been domiciled for three
years or more in the State may petition for a dissolution of the marriage
on the following grounds:
A. That the wife has committed adultery.
B. That the wife has, without just cause or excuse, wilfully deserted the
petitioner and without any such cause or excuse left him so deserted for
three years or more.
C. That the wife has, during three years and upwards, been an habitual
drunkard and habitually neglected her domestic duties or rendered herself
unfit to discharge them.
D. That within one year the wife has been imprisoned for a period of not
less than three years and is still in prison under a commuted sentence for
a capital crime, or under sentence to penal servitude for seven years or
more.
E. That within one year the wife has been convicted of having attempted to
murder her husband, or having assaulted him with intent to inflict
grievous bodily harm.
F. That during one year previously the wife has assaulted and cruelly
beaten her husband.
A wife may obtain an absolute divorce from her husband by proving:
A. That her husband has committed incestuous adultery.
B. That the husband has committed bigamy with adultery.
C. That the husband has committed rape, sodomy or bestiality.
D. That the husband has committed adultery coupled with such cruelty as
without adultery would have entitled the wife to a divorce _a mensa et
thoro_ (divorce from bed and board) under the laws of England as existing
before the enactment of the Imperial Act 20 and 21, Vict. c. 85.
E. Adultery of the husband coupled with desertion without reasonable
excuse for two years or upwards.
JUDICIAL SEPARATION.--A judicial separation may be granted on the ground
of adultery, cruelty or desertion without legal cause or excuse continued
for two years and upwards.
QUEENSLAND.--In this State marriage may be celebrated by any regular
officiating minister of religion, or by any district registrar, or by
specially authorized justices of the peace.
CAUSES FOR ABSOLUTE DIVORCE.--A husband is entitled to an absolute divorce
if his wife has committed adultery, but a wife is not so entitled unless
her husband has committed incestuous adultery, bigamy, rape, sodomy,
bestiality, adultery coupled with cruelty, or adultery coupled with
desertion without reasonable excuse for two years or more.
Incestuous adultery is adultery with a woman within the prohibited
degrees.
Public-domain text, read in full here on John Shaqi.
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