Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
PRELIMINARIES.--Before a marriage can be lawfully celebrated it must be
preceded by the publication of banns. This publication must be made in the
commune or communes where the parties ordinarily reside. Publication is
made by posting an official notice for fourteen days in the office of the
registrar and in a public place in the communal building.
CELEBRATIONS.--Marriage is, as a rule, to be solemnized before the
registrar of the district in which at least one of the parties has his or
her residence or domicile. At the celebration of marriage the parties are
obliged to appear together before the officiating magistrate, and in the
presence of two competent witnesses declare that they conclude a marriage
with each other. After such declaration the magistrate declares the couple
to be legally married.
The registrar is required by law to enter a record of the marriage on his
official register and to give a formal marriage certificate to the
parties.
FOREIGN MARRIAGES.--In general, for a marriage contracted by a Hungarian
citizen in a foreign country to be recognized as valid in Hungary, the
parties to the marriage must satisfy the requirements of their respective
States as to age and legal capacity and must be free from all other
impediments contained in the law of either State. The Hungarian citizen
must comply with the regulations of the Hungarian law regarding
publication.
Besides this, the foreign marriage must be concluded in accordance with
all the requirements of the country where it was celebrated.
ILLEGITIMATE CHILDREN.--If at the time such children were born the parents
could legally have married each other then the subsequent marriage of the
parents makes legitimate the children.
ANNULMENT OF MARRIAGE.--Marriages may be annulled because of the violation
of the various provisions of law regarding marriage impediments or the
formalities necessary to conclude marriage.
DIVORCE AND SEPARATION.--Marriage can be legally dissolved only by a
judicial decree on certain grounds specified by law. These grounds are of
two classes--absolute and relative.
The following causes constitute absolute grounds for divorce:
1. Adultery.
2. Crime against nature.
3. Bigamy.
4. Wilful abandonment without just cause.
5. Attempt upon the life or wilful and serious maltreatment such as to
endanger bodily safety or health.
6. Sentence to death or to at least five years in prison or the
penitentiary.
For all of the above causes the court must grant an absolute divorce if
the allegations are proven.
Divorce may also be granted on the following "relative grounds" if the
court, after careful consideration of the individuality and
characteristics of the parties, is satisfied that the facts warrant the
desired relief:
1. Serious violation of marital duties.
2. Inducing, or attempting to induce, a child belonging to the family to
commission of a criminal act or to an immoral manner of life.
3. Persistent immoral conduct.
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