Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
MUTUAL CONSENT.--The mutual and persistent agreement of the parties to be
divorced, expressed in the manner provided by law, and after certain
formalities and proofs showing that a continuance of the marriage relation
is unbearable, and that there exists by agreement of both parties
peremptory reasons for a divorcement, is sufficient ground for a decree of
divorce. At a meeting of the International Law Association, held at the
Guildhall, London, on August 4th, 1910, Dr. Gaston de Leval, legal adviser
to the British legation at Brussels, pleaded in favour of the Belgian
system of divorce by mutual consent. Extremely few cases, he said, of such
divorces took place, the proportion not being more than three per cent. on
the average of Belgian divorces. He argued that such a divorce was at
least as moral and difficult to obtain as any other kind of divorce, and
in most of the cases the most difficult to obtain.
CHAPTER VIII.
SWITZERLAND.
The marriage and divorce laws of the Swiss Republic are federal--that is,
operating throughout all the cantons of the confederation. Prior to
January 1, 1876, when the present federal law went into effect, the
different cantons had individual laws regulating divorce.
QUALIFICATIONS FOR MARRIAGE.--1. Age. A man must be at least eighteen
years of age and a woman at least sixteen in order to contract a valid
marriage.
2. Mental capacity. Lunatics and idiots are prohibited from marrying.
3. Free consent. No marriage is valid without the free consent of the
parties. Duress, fraud or error in the person precludes the presumption of
consent.
4. Consent of parents. Parental consent is required of all persons under
twenty years of age. If the parents are dead or incapable of manifesting
their will the consent of a guardian is necessary. If the guardian refuses
consent the parties may appeal from his decision to the courts.
CONSANGUINITY AND AFFINITY.--Marriage is prohibited between ascendants and
descendants; between brothers and sisters of the whole or half blood;
between uncles and nieces, or aunts and nephews, whether the relationship
arises from legitimate or illegitimate birth, and between connections by
marriage in the direct line.
Marriage is also prohibited between adopting parents and adopted children.
A widow, a divorced woman, or a woman whose marriage has been annulled
cannot contract a new marriage within 300 days after the dissolution of
the former marriage.
When an absolute divorce has been decreed on the ground of adultery,
attempt on life, cruelty, dishonourable treatment, sentence to an
ignominious punishment, wilful desertion, or incurable mental disease, the
guilty or losing party cannot enter into a new marriage until one year has
elapsed from the date of the divorce.
Public-domain text, read in full here on John Shaqi.
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