Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
CIVIL MARRIAGE.--A civil marriage must be preceded by a declaration to the
Municipal Judge, stating the names, ages, professions and domiciles of the
contracting parties; also the names, professions and domiciles of the
parents; and proper certificates of the births and status of the
contracting parties; certificates of consent or advice of parents, and
dispensations when required.
Marriages may be celebrated personally or by a substitute or proxy to whom
a special authorization has been granted.
Civil marriages must be solemnized by the contracting parties appearing
before the Municipal Judge, or one of them, and the person whom the
absent party may have appointed as proxy must appear before such
magistrate, together with two competent witnesses.
The Municipal Judge, after reading articles 56 and 57 of the Civil Code to
the parties (which point out the rights and obligations of married life),
must ask each party if they desire to be married to each other, and if
both answer in the affirmative, the judge shall declare the parties to be
husband and wife, and prepare a record of the marriage.
Consuls and vice-consuls are empowered to exercise the function of
municipal judges in marriages of Spaniards, celebrated in foreign
countries.
NULLITY OF MARRIAGE.--The following marriages are null and void:
1. Those concluded between persons related within the prohibited degrees.
2. Those concluded between persons under the age of puberty.
3. Marriages between persons, one or both of whom were of incurably
unsound mind.
4. Incurably impotent persons.
5. Persons bound by canonical vows to chastity.
The proceeding to have such marriages judicially declared as null may be
instituted by either spouse, the Public Attorney, or by any interested
person.
The action lapses, and the marriage will be confirmed in cases based on
abduction, error, force or fear, when the spouses have lived together six
months after the error became known, or after the force or fear has
ceased.
DIVORCE.--A divorce in Spain only amounts to what in other countries is
called a judicial separation. Accepting the decrees of the Council of
Trent as law for Spain, marriage is treated as a sacramental contract
which can only be dissolved by death.
The Civil Code, Article 104, states the following causes for divorce:
1. Adultery on the wife's part.
2. Adultery on the part of the husband, when public scandal or disgrace of
the wife is a result.
3. Violence exercised by the husband over the wife in order to force her
to abandon her religious faith.
4. Cruelty actually inflicted, or grave acts of contumely.
5. The attempt or proposal of a husband to prostitute his wife.
6. The attempts of either husband or wife to corrupt the morals of the
sons, or to prostitute the daughters.
7. Condemnation of either spouse to imprisonment for life.
EFFECTS OF DIVORCE OR NULLIFICATION.--The civil effects of a divorce or
annulment of marriage are as follows:
1. Separation of the parties.
Public-domain text, read in full here on John Shaqi.
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