Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
1. Of minors under the age of 21 years, unless with parental consent.
2. Of persons of adult age who are incapable of properly governing
themselves or their estates, without the authorization of their legal
representatives.
3. Of an adulterous wife with her accomplice who has been condemned for
the offence.
4. Of a wife who has been condemned as the principal or accomplice of the
crime of homicide with a principal or accomplice in the same crime.
5. Of any person bound by solemn vows of religion to a life of chastity.
The canon law of the Catholic Church defines the religious rules and
spiritual effects of marriage, while the civil law defines the civil rules
and temporal effects of the contract.
A minister of the church who celebrates a marriage contrary to the
requirements of Article 1058 of the Civil Code incurs criminal penalties.
Marriage between Portuguese subjects who are non-Catholics is recognized
as producing full civil effects.
CONSANGUINITY AND AFFINITY.--The following persons are forbidden to marry
each other:
1. Ascendants and descendants.
2. Persons related collaterally in the second degree.
3. Males who have not completed their fourteenth year and females who have
not completed their twelfth year of age.
4. Persons already bound by marriage.
Any infraction of these prohibitions makes a marriage voidable.
MARRIAGE PRELIMINARIES.--Whoever desires to contract marriage according to
the manner provided by the civil law of the land must present to the civil
officer of the State acting in the place of the applicant's domicile a
declaration setting forth:
1. The full names, ages, occupations and domiciles of the contracting
parties.
2. The full names, professions and domiciles of the parents.
Upon receiving this declaration the civil officer publishes a notice of
the intended marriage and informs all interested persons to file their
objections, if any exist, within fifteen days. If at the end of this
period no valid objection to the marriage has been formulated the civil
officer proceeds to the celebration of the marriage.
CELEBRATION.--For the civil celebration of marriage the contracting
parties, or their duly empowered proxies, appear before the civil officer
of the commune, attended by competent witnesses. If the marriage is
celebrated in the official bureau of the commune two witnesses are
sufficient; if outside of such bureau six witnesses are required.
Any civil officer celebrating a marriage contrary to these provisions
incurs penal punishment.
ANNULMENT OF MARRIAGE.--A Catholic marriage--that is, one solemnized
according to the canonical law--can only be annulled by an ecclesiastical
tribunal and according to the laws of the Catholic Church enforceable in
Portugal.
A sentence of an ecclesiastical tribunal annulling a marriage is executed
by the civil authority of the land.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account