Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Civil marriages performed at the courthouse by a magistrate are permitted
when the bride and groom are of different religious faith or when neither
of them belong to any recognized religious sect.
ILLEGITIMATE CHILDREN.--Subsequent marriage of the parents legitimatizes a
child born out of wedlock.
ANNULMENT OF MARRIAGE.--A marriage may be annulled at the instance of one
of the parties for the following causes:
1. Want of free consent by one or both parties.
2. If one of the parties at the time of the marriage was impotent and this
fact was unknown to the other. This impotence must, however, be incurable
and continue for three years.
3. If one of the parties was at the time of the marriage afflicted with
leprosy, syphilis, epilepsy or a contagious and loathsome disease, and
this fact was concealed and unknown to the other party. The disease must
be incurable.
DIVORCE.--An absolute divorce upon proper grounds may be obtained by means
of a judicial decree, royal authorization given to the higher civil
authorities, authorization from the Minister of Justice, or a special
royal decree.
The causes for an absolute divorce are:
1. The last two causes mentioned above as sufficient for an annulment.
2. Adultery.
3. Bigamy.
4. Wilful abandonment.
5. Absence for five years or more under circumstances leading a reasonable
person to conclude that the absentee is dead. Exile or deportation from
the country for at least seven years.
6. Imprisonment for life, if pardon or liberty is not given within seven
years.
EXTRA-JUDICIAL DIVORCE.--The Mayor of Copenhagen and the superior
magistrate outside of Copenhagen--called the higher civil authorities--may
give a royal authorization for a divorce in cases where the parties have
lived apart for three years in consequence of a separation decree, and
both parties ask for divorcement.
The Minister of Justice has also authority in some instances to grant
decrees of absolute divorce.
The conditions under which a divorce can be granted by special royal
decree are not specifically defined, but the decree is seldom granted
except for substantial reasons and according to precedent.
SEPARATION.--Decrees of separation from bed and board may be obtained upon
mutual consent of the parties or if good reason exists upon the petition
of one of the parties.
EFFECTS OF DIVORCE.--Usually in the absence of an agreement between the
parties each party receives one-half of the property which during the
marriage relation was held in common.
The duty of mutual support and assistance ends, but sometimes the man is
directed to pay alimony to the woman.
The innocent party is generally given custody and control of the children
of the marriage, but the courts favour an agreement between the parties on
this subject.
Unless the decree of divorce has been brought about by her guilt a
divorced wife is permitted to retain the name and rank of her divorced
husband.
CHAPTER XIV.
THE NORWEGIAN LAW.
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