Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
PROPERTY.--A wife has absolute power to deal with her separate property as
if she were a single woman. A wife's separate property includes also that
which she has acquired by her industry or in the course of a separate
business conducted by her. It is presumed in favour of the husband's
creditors that all chattels which are in the possession of either husband
or wife, or in their joint possession, belong to the husband. In regard to
articles intended exclusively for the personal use of the wife, such as
clothing, ornaments and working implements, it is presumed that as between
the spouses and the creditors of either that the articles are the property
of the wife.
MATRIMONIAL CONTRACTS.--Both spouses may regulate their property relation
by a contract made before or after the marriage.
DIVORCE.--Grounds or Causes. Either spouse may petition for divorce on the
following grounds:
A. Adultery of the other spouse;
B. An attempt by one spouse to kill the other;
C. Wilful desertion continued for the period of one year;
D. Offences specified in Sections 171 to 175 inclusive, of the Criminal
Code, including bigamy, incest and certain detestable crimes;
E. Such a grave breach of marital duty or such dishonest or immoral
conduct which disturbs the conjugal relation to such an extent that the
petitioner cannot reasonably be expected to continue the relation;
F. Insanity of the respondent continued for three years and of such a
character that the intellectual community between the parties has ceased
and there is no reasonable hope of its renewal.
Petitions for divorce must be filed within six months of the time when the
petitioner acquires knowledge of the facts constituting a sufficient
ground.
The petition cannot be allowed in any case if ten years have elapsed since
the happening of the cause for divorce. After divorcement both parties are
free to remarry.
If a marriage is dissolved for any cause the decree shall declare the
respondent to be the exclusive guilty party.
PUNISHMENT FOR THE GUILTY.--Adultery is punishable by imprisonment with
labour for a term not exceeding six months in the case of the guilty
married person and the partner in guilt if the marriage is dissolved on
the ground of adultery. Prosecution only takes place, however, on
proposal--that is, at the instance of the aggrieved spouse.
CONDONATION.--The right to a divorce is lost by condonation of the offence
relied upon as a cause. If a marriage is dissolved for any cause the
decree shall declare the respondents to be the exclusive guilty party.
EFFECTS OF THE DIVORCE.--A divorced wife retains the surname of her
husband unless specifically prohibited until she remarries.
Public-domain text, read in full here on John Shaqi.
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