Marriage and Divorce Laws of the World — John Shaqi
Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
An action for a declaration of nullity of marriage for any cause cannot be
maintained by parties to the marriage, or by the relations whose consent
was necessary, when such marriage has been ratified or confirmed knowingly
by those whose consent was necessary, or after a year has passed since
they acquired knowledge of the cause for an action without any application
to the courts for relief.
Every marriage which has not been contracted publicly, and has not been
celebrated before a competent public official, can be impugned by the
parties themselves, by their fathers and mothers, by the ascendants, and
by all who have an existing vested interest, as well as by the Public
Prosecutor.
No one can legally claim the status of husband or wife, or the effects and
privileges resulting by law from marriage, without the production of a
certificate of the marriage celebration, except in the cases provided for
by Article 46 of the code, namely, when no records have ever existed, or
the same have been lost or destroyed. In such cases the marriage may be
established by oral evidence.
The fact that by common repute the parties are married does not dispense
with the necessity of producing the record of the celebration.
However, if there are children born of two persons who have lived openly
as husband ind wife, and who are both dead, the legitimacy of their
children cannot be assailed on the sole ground that a record of their
parents' marriage is not produced.
A marriage which has been declared a nullity has, if contracted in good
faith, the civil effects of a marriage so far as the parties themselves
and their children are concerned. If only one of the parties has acted in
good faith the legal consequences of marriage only exist in favour of the
innocent party and of the children of the marriage.
The last two paragraphs, which are virtually a translation of Articles
201 and 202 of the Civil Code, are very important to foreigners who marry
French citizens.
Until a court has pronounced the marriage a nullity the marriage between a
French citizen and a foreigner celebrated abroad is binding upon the
parties, even though the exacting forms required by the French law have
not been complied with.
If an Englishwoman in good faith marries a Frenchman in London she is
entitled by French law to the civil rights of a wife, and her children the
issue of the marriage would be considered legitimate, although the
marriage had not been celebrated after the publication of banns in the
manner prescribed by the code; or the record of such celebration
transcribed within three months of the return of the French husband to
France. The foreign wife would have the same rights even if she married a
Frenchman under twenty-five years of age without the previous consent of
his parents.
Of course, such a marriage could be declared null, leaving both parties
free to marry again.
Public-domain text, read in full here on John Shaqi.
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