Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
If she is the innocent party she may, upon making a declaration before
competent authority, resume her maiden name. If she is the guilty party,
her husband, by making a declaration before competent authority, may
prohibit her calling herself by his surname. After she has thus lost the
surname of her husband she, by operation of law, resumes her maiden name.
MAINTENANCE.--A husband declared by a decree of divorce or judicial
separation to be the guilty party shall provide maintenance to his
divorced wife suitable to her station in life, in so far as she is unable
to obtain such maintenance out of her earnings and income.
A wife declared by decree to be the guilty party shall provide maintenance
to her divorced husband suitable to his station in life, in so far as he
is not able to so maintain himself.
The maintenance above referred to shall be provided by a money annuity
payable quarterly and in advance.
In some cases the person bound to provide such maintenance is required to
furnish a bond or security for the performance of the duty.
For sufficient reason the person entitled to the payment of such a money
annuity may demand a complete settlement in a lump sum.
The duty to provide maintenance is extinguished on the remarriage of the
party entitled to it or on the death of the party bound to make such
provision.
If a marriage has been dissolved on account of the insanity of one of the
parties the same spouse shall provide maintenance to the unfortunate
respondent.
If the husband is bound to provide maintenance to a child of the marriage
the wife is also bound to reasonably contribute toward such maintenance
out of her income or earnings.
JUDICIAL SEPARATION.--The same causes which are sufficient for a divorce
will entitle the petitioner to a judicial separation if that form of
relief is preferred. If such a judicial separation has been granted either
spouse may apply for a divorce by virtue of the decree for separation,
unless the conjugal community has been re-established after the issue of
such decree.
CHAPTER X.
AUSTRIA-HUNGARY.
The Austria-Hungary Empire comprises five countries, each bearing the name
of kingdom--viz., Hungary, Bohemia, Galicia, Illyria and Dalmatia; one
archduchy, Austria; one principality, Transylvania; one duchy, Styria; one
margraviate, Moravia, and one county, Tyrol. In this chapter we shall deal
with the marriage and divorce laws of Austria, leaving those of Hungary
and Transylvania for the following chapter.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account