Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
6. The legitimate descendants of the adopter with the adopted, while the
relation of adoption continues.
7. Accomplices in adultery who have been judicially sentenced.
Those who have been condemned as principals, or principal and accomplice,
in the homicide of the spouse of any of the parties cannot conclude
marriage between themselves.
The government for sufficient cause will, on petition of a party, grant a
dispensation permitting marriage between collaterals by legitimate
consanguinity within the fourth degree. Other dispensations may also be
granted on a proper petition.
PARENTAL CONSENT.--The consent of the father is required for the marriage
of a legitimate minor; in his default, or where he cannot consent, the
power to grant it devolves, in this order: upon the mother, the paternal
and maternal grandparents, and in default of all these, upon the family
council.
Recognized natural children or children legitimatized by royal concession
must ask the consent of those who have recognized or legitimatized them or
of their ascendants, or of the family council.
Adopted children must ask the consent of the adopting father, and in his
default, of the persons of the natural family upon whom it may devolve.
Unrecognized illegitimate children must ask the consent of their mother,
when she is known, and in her default consent must be asked of the
maternal grandparents, and in their default, that of the family council.
Children of age are obliged to ask the advice of the father, and in his
default, of the mother before contracting marriage. In case the advice
given is against the proposed alliance, the marriage cannot be celebrated
until three months after the petition is made.
Marriage in Spain is dissolved absolutely only by the death of one of the
parties.
CANONICAL MARRIAGE.--The requisites, form and solemnities for the
celebration of canonical marriage is governed by the laws of the Catholic
Church, and by the decrees of the Holy Council of Trent, which are
accepted as part of the organic law of Spain. Canonical marriage produces
all the civil effects in respect to persons and property of the spouses
and their offspring. A magistrate is required to be present at the
celebration of a canonical marriage simply for the purpose of making a
verified record in the Civil Registry of the marriage. So that he may be
present for the purpose above stated, the magistrate must be given notice
in writing twenty-four hours at least before the intended celebration,
telling him of the day, hour and place of the marriage.
Persons who contract canonical marriage in _articulo mortis_ may give
notice to the officials in charge of the Civil Registry, at any time
whatever prior to its celebration, and prove in any manner whatever that
such duty has been performed.
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