Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
EFFECT OF MARRIAGE.--By marriage the wife enters the house of the husband.
A man who marries a woman who is head of a house, or a _mukoyoshi_, enters
the house of his wife.
A _mukoyoshi_ is a person who is adopted by another and at the same time
marries the daughter of the house who would be the heir to the headship of
the house.
A wife is bound to live with her husband. A husband must permit his wife
to live with him.
A husband and wife are bound to support each other. When the wife is a
minor the husband, if of full age, exercises the functions of a guardian.
A contract made between husband and wife may be cancelled at any time
during the marriage by either party, but without prejudice to the rights
of third persons.
DIVORCE BY MUTUAL CONSENT.--The husband and wife may effect a divorce by
mutual consent. No court procedure is necessary. Just as in giving notice
of marriage, the parties consenting to be divorced give notice of such
agreement to the registrar, and they are _ipso facto_ divorced.
A person who has not reached the age of twenty-five years, in order to
effect a divorce by mutual consent, must obtain the consent of the person
or persons whose consent was necessary for the marriage.
If a husband and wife have effected a divorce by mutual consent without
arranging as to whom the custody of the children shall belong, it belongs
to the husband.
JUDICIAL DIVORCE.--A husband or wife, as the case may be, can bring an
action for divorce for the following causes:
1. If the other party contracts a second marriage.
2. If the wife commits adultery.
3. If the husband is sentenced to punishment for an offence specified in
Article 348 _et seq._ of the Criminal Code; such offences involving
criminal carnal sexuality.
4. If the other party is sentenced to punishment for an offence greater
than misdemeanor, involving forgery, bribery, gross sexual immorality,
theft, robbery, obtaining property by false pretences, embezzlement of
goods deposited, receiving knowingly stolen goods, or any of the offences
specified in Articles 175 and 260 of the Criminal Code, or is sentenced to
a major imprisonment or more.
5. If one party is so ill-treated or grossly insulted by the other that it
makes further living together of the spouses impracticable.
6. If one party is deserted by the other.
7. If one party is ill-treated or grossly insulted by an ascendant of the
other party.
8. If an ascendant of one party is ill-treated or grossly insulted by the
other party.
9. If it has been uncertain for three years or more whether or not the
other party is alive or dead.
10. In the case of the adoption of a _mukoyoshi_, if the adoption is
dissolved, or in the case of a marriage of an adopted son with a daughter
of the house, if the adoption is dissolved or cancelled.
CHAPTER XVIII.
SPAIN.
Public-domain text, read in full here on John Shaqi.
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