Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
The preliminary stages of a Chinese marriage are elaborately formal. It is
the duty of the families of the intended bride and bridegroom to ascertain
whether or not the parties have the capacity to conclude marriage. Certain
introductions and exchange of social courtesies follow. If everything
appears satisfactory the parties acting on behalf of the intended bride
send a note of "eight characters" to the parties acting in behalf of the
prospective bridegroom, which note is practically a proposal of marriage.
If the terms of the proposed marriage are agreed upon the next thing is
for the representatives of the parties to draft and execute the articles
of marriage.
The courts will hold it to be a marriage if the betrothal is regular, even
if there is no consummation.
It is essential to a legal marriage that the written consent of the woman
be obtained; it is not sufficient that the woman herself gives free
consent.
Fraud makes the marriage a nullity. In his book, "Notes and Commentaries
on Chinese Criminal Law," Mr. Ernest Alabaster tells of the case of "Mrs.
Wang." It appears that an old reprobate, knowing that the girl's parents
would refuse him because of his ugliness of face and character, sent a
handsome young nephew to represent him in the marriage negotiations. The
impersonation brought about the signing of the contract, and the old man
secured possession of the bride. Soon after the wedding he ill-treated his
young wife and one night she strangled him. The court decided that the
woman had committed an unjustifiable homicide and that the victim was not
her husband.
IMPEDIMENTS.--Intermarriage is forbidden between ascendants and
descendants and between kinsmen by consanguinity or affinity up to the
fourth degree.
Marriage is also forbidden between persons having the same _Hsing_, or
surname.
A free person cannot contract a valid marriage with a slave.
A mother and daughter must not marry father and son.
Marriage is absolutely forbidden to a Buddhist or Taoist priest.
An official must not marry a wife or buy a concubine within his
jurisdiction.
It is unlawful for a person of official rank to take as his secondary wife
or concubine an actress, singing woman or a prostitute.
No one must marry a female fugitive from justice.
Marriage of a deceased brother's widow is against the law.
It should be remembered that it is a criminal offence to contract an
invalid marriage. For example, not very long ago a prince of the Imperial
family purchased a singing girl as his secondary wife or concubine. The
marriage was declared null and he was sentenced to receive sixty blows for
attempting to contract an illegal secondary marriage.
WIDOWS.--A widow or divorced woman can contract a new marriage, but she
must first obtain consent of her parents and wait until the customary
period of mourning is completed.
Public-domain text, read in full here on John Shaqi.
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