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
PRELIMINARY FORMALITIES.--Before the celebration, publication must be made
in the district of birth and residence of both parties. Fourteen days
after the formal publication of banns the registrar of the domicile of the
intended husband delivers to the parties, provided no valid objection to
the marriage has been served at the registrar's office, a certificate of
publication, which permits the parties to be married in any place in
Switzerland within six months from date of publication.
CELEBRATION.--The marriage ceremony must be performed by a registrar. The
civil ceremony must precede any religious celebration. The civil marriage
before the registrar must be publicly performed in the presence of not
less than two witnesses.
ILLEGITIMATE CHILDREN.--Illegitimate children are legitimatized by the
subsequent marriage of their parents.
FOREIGN MARRIAGES.--A marriage contracted in a foreign country that is
valid according to the laws of that country is valid in Switzerland.
DIVORCE AND JUDICIAL SEPARATION.--Absolute divorce is granted for the
following causes:
1. When both husband and wife consent to a divorcement and it appears to
the court from facts presented that to keep the parties bound together by
the marriage bond is incompatible with the true intention of marriage.
2. Adultery. However, six months must not have passed since the injured
spouse obtained knowledge of the offence.
3. Attempt upon the life of either spouse.
4. Cruelty or dishonourable treatment.
5. Wilful desertion continued for two years, and the absentee has failed
within six months to obey a judicial summons to return.
6. Incurable insanity or mental disease of three years' existence.
7. In the absence of the causes above set forth the courts have still
power to grant either an absolute divorce or a judicial separation for not
more than two years if it appears that the parties are grossly
antagonistic to each other. If, upon petition, a judicial separation is
granted and at its stated expiration no reconciliation has taken place,
the court will entertain an application for an absolute divorce.
EFFECTS OF DIVORCE.--The questions of property, alimony, custody of
children and change of name are determined according to the laws of the
individual cantons. Generally the guilty party must pay damages to the
innocent spouse, either in one payment or by instalments, the amount
depending upon the means of the parties and the nature and degree of the
offence for which the divorce was granted.
CHAPTER IX.
GERMAN LAW.
The German Empire consists of twenty-six political States. These include
four kingdoms, six grandduchies, five duchies, seven principalities, three
free towns, and Alsace-Lorraine. With the exception of Alsace-Lorraine,
whose affairs are administered by the central imperial government, all are
sovereign States.
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