Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Denmark was one of the first countries in Europe in which the government
established any regulation or control over matrimonial affairs.
The body of the law on marriage and divorce is found to-day in the Code of
Christian the Fifth (1683), as modified and modernized, and such customs
and precedents of the Danish people as the courts accept as binding.
BETROTHAL.--A betrothal or engagement to marry carries with it no legal
obligation. The courts of Denmark do not recognize the breach of a promise
to marry as constituting a legal cause of action.
If, however, a woman, on promise of marriage, permits sexual intercourse,
she can sue to have the marriage specifically performed, provided the man
is at least 25 years of age and the woman herself is of good reputation
and neither a widow nor a domestic servant who has become pregnant by her
employer or one of his relatives. In addition, the betrothal must either
have been public or capable of easy proof.
QUALIFICATIONS FOR MARRIAGE.--A male cannot legally conclude marriage
before the completion of his twentieth year. A female must have completed
her sixteenth year. The King may grant a dispensation permitting parties
of less age to marry.
Males and females are minors until the completion of their twenty-fifth
year, and during minority cannot conclude marriage without the consent of
their parents or guardians. If the necessary consent is withheld without
just cause the authorities can furnish the desired permission.
IMPEDIMENTS.--Marriage is prohibited between relatives in the direct line,
whether by blood or marriage, and between brothers and sisters of the
whole or half blood.
The royal dispensation is required for marriage between a man and his
brother's widow, his aunt, great-aunt or any feminine relative nearer of
kin to the common ancestor than the man himself.
Persons convicted of having committed adultery with each other may not
marry without having first obtained permission of the civil authorities.
Persons divorced by extra-judicial decree are not allowed to contract a
new marriage, without permission to this effect is given in the decree.
The law prescribes a mourning period of one year for a widow and three
months for a widower, during which time they are not allowed to contract a
new marriage; but under special conditions the mourning period may be
shortened.
PRELIMINARY FORMALITIES.--If the marriage is solemnized before a clergyman
banns must be published from the pulpit for three consecutive Sundays, and
the marriage must follow within three months. In case of a civil marriage
one publication must be made by the authorities at least three weeks and
not more than three months before the celebration.
CELEBRATION.--The national church of Denmark is the Lutheran, and in the
case of Protestant Christians a religious marriage must be solemnized
before a clergyman of the Lutheran Church.
Public-domain text, read in full here on John Shaqi.
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