Marriage and Divorce Laws of the World

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  Marriage and Divorce
  Laws of the World

  Edited by

  HYACINTHE RINGROSE, D. C. L.
  Author of "The Inns of Court"

  "Marriage is the mother of the world, and
  preserves kingdoms, and fills cities, and
  churches, and heaven itself."--Jeremy Taylor

  THE MUSSON-DRAPER COMPANY
  LONDON      NEW YORK      PARIS
  1911




  Copyright, 1911, by
  HYACINTHE RINGROSE
  All rights reserved




PREFACE


The purpose of this volume is to furnish to the lawyer, legislator,
sociologist and student a working summary of the marriage and divorce laws
of the principal countries of the world.

There are no geographical boundaries to virtue, wisdom and justice, and no
country has as yet monopolized all that is best in creation. The mightiest
of the nations lacks something which is possessed by the weakest; and
there is no branch of comparative jurisprudence of more general
consequence than that treating of marriage, which is the keystone of
civilization.

By "civilization" we do not mean community life according to the standard
of a single individual or nation, but in its broader and better sense,
meaning the civil organization of any large group of human beings.

This book is not a brief in favour of, or against, any particular social
system or legal code, nor has it a mission to assist in the reformation of
any country's marriage and divorce law. In the compilation which follows
our endeavour is simply to set forth positive law as it exists to-day,
leaving its correction or development to the proper authorities.

The editor has lived among the books of the British Museum, the
Bibliotheque Nationale and other great libraries for years, seeking in
vain for just such a compilation as is here humbly presented. We hope,
therefore, that whatever may be its imperfections the book is justified,
and will be welcomed as the first of its kind.

In its compilation we have been pleased to observe that the evident trend
of modern legislation is toward uniformity among the nations of
Christendom on the vital subjects of marriage and divorce. In fact,
modernity brings uniformity in every department of public and private
law--a consummation devoutly to be wished for by those who feel that, no
matter how short may be the individual's life, he is nevertheless a
kinsman to all of the race who have gone before or are yet to come.

A study of the marriage laws of the world has also brought the happy
conviction that the wholesome view of marriage as the union of one man and
one woman for life, to the exclusion of all others, is the one triumphant
fact of human history which can never lose its prestige.

The surest sign of the general betterment of the world's law is that woman
everywhere is more and more being allowed her natural place in the
community as man's equal and associate. That nation is most enlightened
which treats its womankind the best. All the legislation of the past
century bearing on the subject of marriage has elevated men by giving more
justice to women.

When the next Matrimonial Causes Act predicated upon the labours of the
present Royal Commission on Marriage and Divorce is passed by the British
Parliament, women will be given equal rights with men in our courts of
law. The jurisprudence of England was not built for a day, and we are a
people singularly bound by precedent, but when John Bull moves it is
always in a straight line, and he never turns back.

H. R.




CONTENTS


  CHAPTER                               PAGE

       I. INTRODUCTION                     7

      II. ENGLAND                         16

     III. SCOTLAND                        32

      IV. IRELAND                         36

       V. THE FRENCH LAW                  38

      VI. THE LAW OF ITALY                46

     VII. BELGIUM                         53

    VIII. SWITZERLAND                     57

      IX. GERMANY                         60

       X. AUSTRIA                         67

      XI. HUNGARY                         72

     XII. SWEDEN                          76

    XIII. DENMARK                         81

     XIV. NORWAY                          85

      XV. RUSSIAN EMPIRE                  89

     XVI. HOLLAND                        100

    XVII. THE JAPANESE LAW               104

   XVIII. SPAIN                          110

     XIX. LAW OF PORTUGAL                117

      XX. ROUMANIA                       121

     XXI. SERVIA                         125

    XXII. BULGARIA                       129

   XXIII. KINGDOM OF GREECE              132

    XXIV. THE MOHAMMEDAN LAW             137

     XXV. UNITED STATES OF AMERICA       148

    XXVI. DOMINION OF CANADA             199

   XXVII.