Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
15. Persistent vicious and disorderly manner of life on part of the
husband.
16. Husband's admission that he is incurably impotent.
17. The contraction by the husband of a loathsome disease.
18. The adoption by the husband of a dishonest or disgusting occupation.
19. Such conduct on the part of the wife as causes her husband, without
deliberation, to violate the ritualistic requirements of the Jewish
religion.
PROCEDURE.--The rabbi is the judge in the first instance of a divorce
petition. Appeal from his decision lies to the civil authorities.
In the ordinary divorce case the first action by the rabbi is an attempt
to reconcile the parties. A confession of the guilty party is competent
evidence.
The divorce becomes effective by the man delivering to the wife, after the
rabbinical decision, a bill of divorcement. This is done even if the wife
is the successful suitor. The husband can be compelled to make such a
delivery.
EFFECTS OF DIVORCE.--The dowry (_Nedunya_), which was settled on the wife
at the time of the marriage, must be returned to her if she is the
innocent party. The woman retains the name of her divorced husband. Both
parties are free to marry again.
CHAPTER XVI.
HOLLAND.
MARRIAGE.--A male must be eighteen years or more and a female sixteen
years or more in order to be lawfully married.
Marriage is forbidden between all descendants and ascendants, legitimate
or otherwise, and in the collateral line marriages are forbidden between
brothers and sisters of the whole or half blood, legitimate or
illegitimate.
Marriage is also forbidden in Holland between brothers-in-law and
sisters-in-law, between uncle and niece, or granduncle and grandniece, and
between aunt and nephew, grandaunt and grandnephew, legitimate or
otherwise.
The Queen has power under the law to grant a dispensation for good reasons
relieving any couple from the effect of such prohibitions. She has also
power, for sufficient cause, to permit persons under age to contract
marriage.
As a preliminary to marriage children must ask the consent thereto of
their parents, but the consent of the father is sufficient. If the father
is dead the consent of the mother suffices.
If the mother and father are both dead the grandparents take their places.
Marriage is treated in Holland as a civil contract.
CELEBRATION.--The ceremony of marriage must take place publicly in the
town hall before a registrar, but not until three days after the
publication of banns. Four male witnesses of full age must be present. If
one of the parties is unable to attend the town hall the marriage may be
solemnized in a private house, but in such a case six male witnesses of
full age are necessary. A religious celebration of the marriage cannot be
performed until the officiating clergyman is shown proof that the civil
marriage has already taken place.
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