Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
ILLEGITIMATE CHILDREN.--The subsequent marriage of the parents does not in
itself legitimatize such offspring. After their marriage the parents must
petition the court for an order of legitimacy.
ANNULMENT OF MARRIAGE.--Any marriage is null that was not solemnized by a
clergyman of the religious sect of which one of the contracting parties is
an adherent, except those solemnized before a priest of the Russian
Church, because of the absence of a clergyman of the proper religious
sect. A marriage is also null in case of bigamy, difference of religion
and violation of the rules concerning consanguinity and affinity.
DIVORCE.--It is impossible for an adherent of the Russian Church or for an
"Old Believer" to obtain a decree of absolute divorce.
The grounds for an absolute divorce for other persons except Jews are:
1. Adultery.
2. Bigamy.
3. Impotence existing at time of marriage.
4. Absence without news for five years.
5. Condemnation to the loss of all civil rights.
6. Banishment to Siberia with the loss of all special rights. Either party
may petition for divorce on this ground.
7. Entrance of both spouses into a religious order, provided they have no
children who need their support and care.
8. Conversion of a non-Christian to the Russian Church, provided he or his
consort desires such divorcement.
PROCEDURE.--In the case of a Christian who is not an "Old Believer" or a
member of the Russian Church, the petition for divorce is filed in the
ecclesiastical court. After this the bishop designates a clergyman, who is
to make an attempt to reconcile the parties. Not until this attempt has
failed is notice served on the defendant and the day set for a hearing of
the cause. If the court decides in favour of a divorce, the decree must be
submitted to the Synod for revision. In case of condemnation to the loss
of civil rights, a divorce is granted immediately.
If the ground relied on is the conversion of a non-Christian to the
Russian Church, the divorce is granted merely on the formal declaration
of one of the spouses that he or she does not wish to continue the
marriage.
EFFECTS OF DIVORCE.--The adjustment of the personal and property rights
and the custody of the children are matters entirely for the discretion of
the tribunal.
LAW FOR LUTHERANS.--Members of the Lutheran Church outside of Finland are
governed by special regulations concerning the grounds for divorce. These
grounds are:
1. Adultery.
2. Unlawful relation with a third party before the marriage, though in the
case of the husband only such relations subsequent to the betrothal are
considered.
3. Wilful refusal of one party to live with the other.
4. Unjustified absence for two years without news.
5. Absence for five years.
6. Unjustified refusal to perform the marital duty for at least one year.
7. Wilful prevention of conception.
8. Impotence existing at time of marriage.
Public-domain text, read in full here on John Shaqi.
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