Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
CUSTODY OF CHILDREN.--The tribunal which pronounces the separation also
orders which of the parties shall retain the children. For grave reasons
it may commit the children to an educational institution or to the charge
of a third party. Whatever the disposition of the children, however, both
parents retain the right of supervising their education.
FOREIGN DIVORCES.--Decrees of divorce granted by foreign courts are not
recognized in Italy so far as Italian subjects are concerned.
CHAPTER VII.
BELGIUM.
REQUIREMENTS FOR MARRIAGE.--A man who has not completed his eighteenth
year and a woman who has not completed her fifteenth year cannot contract
marriage.
Nevertheless, it is within the power of the sovereign to grant a
dispensation setting aside this requirement for good and sufficient
causes.
There can be no marriage in Belgium without mutual consent. It is
forbidden to contract a second marriage before the dissolution of the
first.
A son or a daughter who has not reached the age of twenty-one years cannot
contract a marriage without the consent of his or her father and mother.
In case of disagreement between the father and mother on this subject the
consent of the father is sufficient.
A disagreement between a father and a mother as to giving consent to the
marriage of their child can be established by a notarial record, by a
summons served by a process server, by minutes of a hearing held on the
subject, or by a letter stating the mother's objection to the marriage
written by her to a civil officer of the State.
If the father or the mother is dead, if either of them is absent or
incapable of expressing consent, the consent of the other parent is
sufficient.
The incapacity of a father or a mother to express consent may be proven by
a declaration made by the future spouse whose ascendant is incapable and
by four witnesses of full age, of either sex.
If the father and the mother are dead, or both are incapable of
manifesting their wishes, the grandfathers and the grandmothers take their
places.
PROHIBITIONS.--In direct line marriage is forbidden between all legitimate
or illegitimate ascendants and descendants and their spouses.
In the indirect or collateral line marriage is forbidden between brother
and sister, legitimate or illegitimate, and their spouses of the same
degree.
Marriage is forbidden between uncle and niece and aunt and nephew.
It is, however, possible for good reasons to obtain a dispensation from
the sovereign permitting a marriage within these prohibited degrees.
FORMALITIES.--Marriage must be celebrated publicly before a civil officer
of the State of the commune and in the commune where one of the
contracting parties has his, or her, residence.
OBJECTIONS BY THIRD PERSONS.--Of course, a husband or wife of an existing
marriage has the right to object formally to his or her spouse contracting
another marriage.
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