Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Whoever may become entitled to the children's custody, the father and
mother each retain their right to superintend the maintenance and
education of their children and must contribute thereto in proportion to
their means.
JUDICIAL SEPARATION.--The same causes which are sufficient to obtain a
decree of divorce are sufficient to entitle the party to a separation from
bed and board.
When a judicial separation has lasted three years the judgment can be
changed into a decree of divorce upon the application of either party.
A judicial separation carries with it separation of property and restores
to a woman her full civil rights, so that she may buy and sell and
otherwise act as if she were a single woman.
CHAPTER VI.
ITALY.
MARRIAGE.--Marriage in Italy is governed in practically all its aspects
and connections by the regulations contained in the chapter on marriage in
the Italian Civil Code (_Il Codice Civile del regno d'Italia_), which went
into effect in 1866. These regulations are for the most part the same as
those of the French Code, upon which the Italian Code was directly based,
the modifications in the Italian Code being mainly in the direction of
greater specificness and greater stringency.
As in France, civil marriage is the only form of marriage recognized by
the State.
IMPEDIMENTS.--1. Age. A man may not contract marriage before completing
his eighteenth year or a woman before completing her fifteenth. The King
may, however, grant a dispensation permitting a man to marry after
attaining the age of fourteen and a woman after attaining the age of
twelve.
2. Existing previous marriage. As in France.
3. Period of delay. A woman cannot contract a new marriage until ten
months after the dissolution or annulment of a former marriage, unless the
marriage was annulled on the ground of impotence. But this prohibition
ceases from the day the woman has given birth to a child.
4. Consanguinity and affinity. As in France. The King has a right of
dispensation similar to that possessed by the President in France.
5. Relationship by adoption. As in France.
6. Mental incapacity. Marriage may not be contracted by one who has been
legally adjudged of unsound mind. If an action on this ground is pending
against either party to a contemplated marriage the marriage must be
suspended until final judgment is given.
7. Homicide. A person who has been legally convicted as a principal or
accomplice in a voluntary homicide committed or attempted upon any person
may not be married to the latter's consort. As in the case of the
preceding impediment, a contemplated marriage must be suspended if an
action on this ground is pending against either party.
8. Consent of parents. The age under which the consent of parents or next
of kin is required is 25 for males and 21 for females. An adopted child
requires the consent of both its natural and adopted parents. If the
consent is refused the Italian Code provides for an appeal to the court.
Public-domain text, read in full here on John Shaqi.
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