Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Lord Stowell tells us that "in the Christian Church marriage was elevated
in a later age to the dignity of a sacrament, in consequence of its divine
institution, and of some expressions of high and mysterious import
concerning it contained in sacred writings. The law of the Church, the
canon law (a system which, in spite of its absurd pretensions to a higher
origin, is in many of its provisions deeply enough founded in the wisdom
of man), although in conformity to the prevailing theological opinion, it
reverenced marriage as a sacrament, still so far respected its natural and
civil origin as to consider that where the natural and civil contract was
formed it had the full essence of matrimony without the intervention of
the priest, it had even in that state the character of a sacrament; for it
is a misapprehension to suppose that this intervention was required as a
matter of necessity even for that purpose before the Council of Trent."
The English courts only recognize as a true marriage one which, in
addition to being valid in other respects, involves the essential
requirement that it is a voluntary union of one man and one woman for life
to the exclusion of all others, which is substantially the definition of
marriage given by Lord Penzance in the leading case of Hyde v. Hyde.
No marriage is recognized which is founded on principles which are in
conflict with the general morality of Christendom. The term Christendom is
used as a matter of convenience only. It includes all those nations
generally recognized to be civilized, whatever may be their prevailing
religion.
LEX LOCI CONTRACTUS.--It is a well-established rule that the law of the
place where the contract of marriage was concluded, that is, the _lex loci
contractus_, or, as it is sometimes termed, the _lex loci celebrationis_
(law of the place of celebration), alone governs the court in ascertaining
whether or not the marriage is regular. All the formal preliminaries, such
as publication of banns, or license, and consent of the parties entitled
to give or withhold consent according to the _lex loci contractus_, must
be complied with.
LEGAL AGE.--The legal age for marriage in England and Wales is fourteen
for a male and twelve for a female. The consent of the father of each of
the contracting parties is required of those under twenty-one. If the
father is dead the consent of the mother is required unless there is a
guardian appointed by the father.
FORMAL REQUIREMENTS.--There are certain formal preliminaries to a valid
marriage in England, such as the publication of banns, or the procurement
of a common or special license which operates as a dispensation with the
banns.
Public-domain text, read in full here on John Shaqi.
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