Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
The regulations governing the marriage relation in Austria and the other
parts of the Empire represented in the Austrian Reichsrath are in general
contained in the Austrian Civil Code, which became law on June 1, 1811,
supplemented by later statutes, court decrees and ministerial edicts.
Perhaps the most curious feature of Austrian law is that an absolute
divorce can, for certain causes, be granted when both the parties are
non-Catholic, but for Roman Catholics the bond of marriage is dissoluble
only by the death of one party.
DEFINITION OF MARRIAGE.--The Austrian Code defines marriage as follows:
"The foundation of family relations is the marriage contract. In the
marriage contract two persons of different sex legally declare their
intention to live in inseparable union to beget children and to rear them
up and to render each other mutual assistance."
MARRIAGE QUALIFICATIONS.--1. There must be mental capacity. Insane,
demented, imbecile parties or persons deprived of the free use of their
minds by intoxication or any other cause cannot contract a binding
marriage.
2. Minors must have completed their fourteenth year of age.
3. Minors of legitimate birth under 24 years of age require the consent of
their parents or proper guardians. Illegitimate minors under 24 years of
age require the consent not only of their legal guardians but also that of
the court.
4. There must be free consent of both parties.
5. Physical capacity. Permanent and incurable impotence is an impediment
to marriage.
6. Moral impediments. No person who has taken holy orders which involve a
solemn vow to celibacy can contract a valid marriage. Marriages between
Christians and Jews are forbidden.
CONSANGUINITY AND AFFINITY.--Marriage is forbidden between ascendants and
descendants, between full or half brothers and sisters, between first
cousins and between uncles and nieces or aunts and nephews. The
relationship may arise from legitimate or illegitimate birth.
For Jews, however, the impediment of consanguinity extends no further in
the collateral line than to marriage between brother and sister or between
a woman and her nephew or grandnephew.
A Roman Catholic is expressly forbidden to marry a divorced party until
after the death of the latter's former consort.
PRELIMINARIES.--A valid marriage can take place only after formal
publication of the banns and the solemn declaration of consent.
Banns are published by announcing the coming marriage together with the
full names of both parties, their birthplace, status and residence, on
three consecutive Sundays or holidays. In the case of Jews the banns must
be published on three consecutive Saturdays or feast days.
CELEBRATION.--The solemn declaration of consent must generally be given
before the spiritual pastor of one of the parties or before his
representative. Two witnesses are necessary.
Public-domain text, read in full here on John Shaqi.
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