Marriage and Divorce Laws of the World Part 18

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 pet.i.tion 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.

CIVIL MARRIAGE.--A civil marriage must be preceded by a declaration to the Munic.i.p.al 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 subst.i.tute or proxy to whom a special authorization has been granted.

Civil marriages must be solemnized by the contracting parties appearing before the Munic.i.p.al 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 Munic.i.p.al 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 munic.i.p.al 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 p.u.b.erty.

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 chast.i.ty.

The proceeding to have such marriages judicially declared as null may be inst.i.tuted 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 prost.i.tute his wife.

6. The attempts of either husband or wife to corrupt the morals of the sons, or to prost.i.tute 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.

2. To place the custody of the children with one or both of the parties, as justice may require.

3. To determine the responsibility for the support of the woman and children.

4. To place the woman under the special protection of the law.

5. To decree the necessary measures to prevent the husband, who may have given cause for divorce, or against whom the pet.i.tion for nullity of the marriage has been inst.i.tuted, from interfering with the wife in the administration of her separate property.

HUSBAND AND WIFE.--The spouses are under mutual obligation to live together, to be faithful to, and help each other. The husband is bound to protect his wife and the wife to obey her husband.

The wife is required to follow her husband wherever he may establish his residence. The courts, however, will in some cases release her from this requirement when the husband changes his residence to a foreign land.

The husband is the manager of the property of the conjugal union, except when there is a mutual agreement to the contrary.

The husband is the legal representative of the wife. She cannot, without his permission, appear in a suit by herself or through an attorney.

However, she does not need such permission to defend herself in a criminal case or to bring a suit against her husband, or to defend herself in a suit brought by her husband against her.

A wife cannot, without her husband's permission, acquire property in trade or by her labour. Neither can she, without such consent, alienate her property.

The wife can, without her husband's permission, perform the following acts:

1. Execute a will.

2. Exercise the rights and perform the duties which pertain to her with regard to legitimate and recognized illegitimate children, the issue of herself and another not now her husband.

FOREIGN MARRIAGES.--The Spanish courts recognize as valid in Spain any marriage performed in a foreign country in accordance with the laws of such country, provided such marriage also meets with all the requirements of the Civil Code of Spain.

CHAPTER XIX.

CIVIL CODE OF PORTUGAL.

On the third day of October, 1910, King Manuel II. of Portugal was dethroned and a Republic was proclaimed throughout the country. At the present time the affairs of the Republic are being administered by a provisional government. Until this temporary administration is followed by a permanent government, based on a national const.i.tution, the Civil Code promulgated in 1867 will continue to be Portuguese law.

MARRIAGE.--Marriage is defined in the Civil Code as a perpetual contract between two persons of different s.e.x to live together and establish a legitimate family.

Catholics must celebrate marriage according to the rules and form prescribed by their church. Those who are not Catholics are required to have their marriage celebrated before a civil officer of the State according to the rules and form prescribed by the civil law of the land.