Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
A civil marriage in which the solemn declaration of consent is given
before the chief administrative official of the district, in the presence
of two witnesses and a sworn secretary, is obligatory if neither party
belongs to a legally recognized religious sect.
FOREIGN MARRIAGES.--The marriage of an Austrian subject in a foreign
country is treated as valid in Austria if the marriage was concluded
according to the laws of such foreign country, and provided that such
marriage was not in contravention of the Austrian law which accepts the
Roman Catholic dogma of the indissolubility of marriage except by death of
one of the parties.
ILLEGITIMATE CHILDREN.--Such children are fully legitimatized by the
subsequent marriage of their parents.
ROMAN CATHOLICS.--As we have noted before between Roman Catholics the bond
of marriage cannot be dissolved by divorce. This rule applies even if one
of the parties is converted after marriage to a non-Catholic sect.
The Austrian law provides a way by which some Roman Catholic marriages may
be provisionally dissolved after what is termed a "legal declaration of
death." If eighty years have elapsed since the birth of an absent spouse,
and his or her place of residence has been unknown for ten years; if an
absent spouse has not been heard from in thirty years; or if a spouse has
been missing for three years, and was last heard of under circumstances
leaving little doubt as to his or her death, then an action can be
instituted to have the absentee legally declared to be dead. Such a
declaration of death will legally dissolve the marriage, leaving the
spouse of the missing party free to marry again. However, should the
absentee spouse ever reappear, the declaration of death and the new
marriage lose all legal effect.
DIVORCE.--Non-Catholic Christians may obtain absolute divorce for the
following causes:
1. Conviction of adultery, or of a crime the penalty for which could be a
prison sentence of five years.
2. Malicious abandonment.
3. Severe cruelty.
4. Conduct endangering the life or health.
5. Invincible aversion on account of which both parties desire a divorce.
This need not be a mutual aversion, but it must be shown to be actual and
lasting. For this cause an absolute divorce is granted only after a
temporary separation from bed and board has been decreed, and the parties
appear to be irreconciliable.
EFFECTS OF DIVORCE.--The woman retains the name of her husband, and both
parties may remarry, with the exception that a guilty party may not marry
his or her accomplice.
The guilty party loses all rights and privileges in the property of the
innocent party.
As to the custody of children the court has authority to make such order
as the facts and justice may require.
JEWISH DIVORCES.--Jews in Austria may obtain absolute divorce under
special regulations adapted from the Mosaic law and rabbinical
jurisprudence.
Public-domain text, read in full here on John Shaqi.
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