Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
It must be always carried in mind that to constitute a valid marriage
under French law which cannot be impugned by anyone all the statutory
conditions imposed by the Civil Code must be complied with.
HUSBAND AND WIFE.--Married persons owe each other fidelity, support and
assistance. A husband owes protection to his wife. A wife owes obedience
to her husband.
A wife is obliged to live with her husband and to follow him wherever he
determines it proper to reside. A husband is obliged to receive his wife
and to provide her with all that is necessary for the requirements of
life, according to his means and condition.
A wife cannot bring a civil action without the consent of her husband,
even if she is a public trader and is not married under the system of a
community of goods and has separate property.
A wife cannot give away, convey, mortgage or acquire property, with or
without a consideration, without her husband concurring in the document by
which such transfer is made, or giving his written consent.
A woman cannot become a public trader without her husband's consent. It is
not necessary for a wife to have her husband's consent to make a will.
MARRIAGE DUTIES.--The husband and wife are mutually bound to feed, support
and educate their children.
Children are bound to support their parents and other ascendants who are
in want.
DISSOLUTION OF MARRIAGE.--A marriage is dissolved:
_a._ By the death of one of the parties;
_b._ By a divorce pronounced according to law.
SECOND MARRIAGES.--A woman cannot legally marry again until ten months
have elapsed since the dissolution of her previous marriage.
DIVORCE
CAUSES FOR DIVORCE.--
1. Either party to the marriage is entitled to a divorce on the ground of
the adultery of the other.
2. Either party is entitled to a divorce because of the cruelty or serious
insults of the one toward the other. This includes not only such violent
cruelty as endangers life, but all sorts of less serious assaults. Any
acts, words or writings by which one of the parties reflects on the honour
and good name of the other furnish cause for a divorce.
3. The fact that one of the parties has been sentenced to death,
imprisonment, penal servitude, transportation, banishment or loss of civil
rights, and is branded with infamy, entitles the other party to a divorce.
That article of the Civil Code which provided for divorce by mutual
consent, owing to incompatibility of temper, has been repealed.
DIVORCE PROCEDURE.--A party who wishes to institute a proceeding for
divorce must present the petition personally to the President of the Court
or to the judge who is acting in that capacity. If it appears that the
petitioner is unable to attend in person the President of the Court or the
judge acting as such is required to go, accompanied by his registrar, to
the residence of the petitioner.
Public-domain text, read in full here on John Shaqi.
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