Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
An examination of the seven causes shows that a woman could be divorced
practically at her husband's pleasure. The New Civil Code has changed all
this. A wife has equal rights with her husband to the benefits of the
divorce law.
The New Civil Code of Japan is divided into five books, but it is only
with Book IV., which deals with the "Family," that we are at present
concerned.
A summary of the present marriage and divorce law of Japan, as translated
from Book IV., follows:
REQUISITES OF MARRIAGE.--A man cannot marry before the completion of his
seventeenth year or a woman before the completion of her fifteenth year.
A person already married cannot contract another marriage.
A woman cannot contract another marriage within six months from the
dissolution or cancellation of her former marriage.
If a woman is pregnant at the time of the dissolution or cancellation of
her former marriage this provision does not apply after the day of her
delivery.
A person who is judicially divorced or punished because of adultery cannot
contract a marriage with the other party to the adultery.
Lineal relatives by blood or collateral relatives by blood up to the third
degree cannot intermarry; but this does not apply as between an adopted
child and his collateral relatives by adoption.
Lineal relatives by affinity cannot intermarry. This applies even after
the relationship by affinity has ceased because of marriage or divorce.
An adopted child, his or her husband or wife, his descendants and the
husband or wife of one of his descendants on the one hand, and the adopter
and his ascendants on the other hand, cannot intermarry, even after the
relationship has ceased.
For contracting a marriage a child must have the consent of his parents,
being in the same house. This, however, does not apply if the man has
completed his thirtieth year or the woman her twenty-fifth year.
If one of the parents is unknown, is dead, has quit the house, or is
unable to express consent, the consent of the other parent is sufficient.
If both parents are unknown, dead, have quit the house, or are unable to
express consent, a minor must obtain the consent of his guardian and of
the family council.
This by way of parenthesis: The members of a house comprise such relatives
of the head of the house as are in his house and the husbands and wives of
such relatives.
The head and the members of a house bear the name of the house.
The head of the house is bound to support its members. A marriage takes
effect upon its notification to the registrar. A wedding ceremony is not
legally essential.
The notification of marriage must be made by the parties concerned and at
least two witnesses of full age, either orally or by a signed document.
If a Japanese couple in a foreign country contract a marriage between
themselves they may give the notification of their marriage to the
Japanese minister or consul stationed in such country.
Public-domain text, read in full here on John Shaqi.
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