Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
FOREIGN MARRIAGE.--A marriage concluded in a foreign country between two
Hollanders, or between a Hollander and a foreigner, is recognized as valid
in Holland if celebrated according to the requirements of the foreign
country, and provided the banns were duly published, without opposition,
in the place or places of residence in Holland of the contracting parties,
and provided such marriage is not in contravention of the law of Holland.
ANNULMENT OF MARRIAGE.--A marriage may be judiciously annulled on the
following grounds:
1. Previous existing marriage of one of the parties.
2. Want of free consent on the part of one or both of the parties.
3. Mistake as to identity of person.
4. Insanity or deficient mentality of one or both parties.
5. Lack of marriageable age.
6. Relationship within prohibited degrees.
7. Marriage with an accomplice in adultery.
8. Absence of requisite number of witnesses.
9. Marriage in spite of an objection raised on publication of the banns,
in case the objection proves to be well founded.
10. Marriage in violation of any other legal requirement.
DIVORCE.--In Holland a marriage can be dissolved in one of four different
ways:
1. By death of one of the parties.
2. By the absence of one of the spouses for the period of ten years or
more, coupled with the remarriage of the other spouse.
3. By a divorce pronounced after a judicial separation has been obtained
by one of the spouses.
4. By a divorce pronounced in the first instance for one of the causes
hereinafter stated.
The causes for an absolute divorce are:
1. Adultery.
2. Malicious abandonment continued for five years.
3. Judicial condemnation of one of the spouses to prison for an infamous
offence.
4. Grave bodily harm inflicted by one spouse upon the other.
PROCEDURE.--The action for divorce must be instituted before the judge of
the district where the husband is domiciled, except when the cause alleged
is malicious abandonment, in which case the suit must be brought before
the judge of the district in which both parties had their last common
domicile.
Before filing the formal petition the complainant must personally attend
before the district judge and state the facts, after which it is the duty
of the judge to attempt a reconciliation of the parties. The complainant
must appear without counsel or relatives. The judge next orders both
parties to appear before him without counsel or relatives in the further
endeavour to effect a reconciliation.
If a reconciliation appears to be impossible the formal petition for
divorce is then filed with the court.
All suits for divorce are heard _in camera_, and the public prosecutor
must attend.
EFFECTS OF DIVORCE.--In so far as the innocent party is not able to
support himself or herself out of his or her income the guilty party is
bound, if able, to provide support.
Except when it appears to the court that justice otherwise requires, the
custody of the children is given to the successful suitor.
Public-domain text, read in full here on John Shaqi.
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