Marriage and Divorce Laws of the World Part 21

PRELIMINARIES.--Before the marriage the parish priest must, on three successive holy days, publish banns in the church, and if any member of the parish knows of any impediment it is his or her duty to inform the priest. If a priest fails thus to publish banns, and impediments later appear, he is amenable to punishment.

CELEBRATION.--The law of Servia does not recognize a civil marriage. If the parties, or one of them, belong to the Orthodox Greek Church they must be married according to the rites of that church. Christians of other sects must be married by their clergy and Jews by their authorized ministers.

CHILDREN.--Marriage of the parents subsequent to their birth renders illegitimate children fully legitimate.

ANNULMENT OF MARRIAGE.--A marriage may be declared null by a decree of a court of competent jurisdiction whenever it appears that some essential qualification to make the marriage valid was absent at the time it was concluded, or if it appears that the marriage was concluded in disregard of the impediments stated by law.

ABSOLUTE DIVORCE.--A complete divorce from the marriage bond is allowed by the courts for the following causes:

1. Adultery of either party.

2. Attempt by either spouse to kill the other.

3. The concealment by one spouse of information concerning a plot to kill the other spouse.

4. Penal servitude incurred by either spouse, under a sentence of at least eight years.

5. Apostasy from the Christian religion.

6. Deliberate desertion persisted in for three years.

7. Flight from Servia followed by absence of at least four years.

8. Absence without news for six years.

A decree of divorce or a decree annulling a marriage must always be submitted for the approval or disapproval of the ecclesiastical courts.

EFFECTS OF DIVORCEMENT.--The innocent party to a divorce suit may contract a new marriage, but the guilty party is forbidden to remarry during the lifetime of the innocent party.

Usually each party regains such goods and effects as he or she brought to the alliance.

CUSTODY OF CHILDREN.--Boys under four years and girls under seven are given, as a rule, to the mother's custody. After that they are given to the custody of the father.

The divorced woman must not continue to use the surname of her ex-husband.

JUDICIAL SEPARATION.--A separation from bed and board may be granted by the court whenever the facts show such a decree to best promote the interests and well-being of the spouses.

CHAPTER XXII

BULGARIA.

The national religion of the Bulgarian people is that of the Orthodox Greek Church, and consequently the laws of that church on the subject of marriage and divorce is part of the organic law of Bulgaria.

Upon the political independence of the country the Bulgarian Church, which had hitherto been under the Patriarchate of Constantinople through an exarch, declared its independence and established the Bulgarian Exarchate.

The ecclesiastical courts of this Exarchate have general jurisdiction of matrimonial causes except as concern Mohammedans, Jews, and Christians who are not adherents of any of the Eastern Orthodox churches.

Besides the laws of the Church, Bulgaria has a national law of marriage and divorce dating from 1897.

The matrimonial concerns of Mohammedans are governed by the law of the religion of Mohammed. Christians who are dissenters from the Orthodox Church are permitted to marry according to the rules and regulations of their sect.

REQUIREMENTS FOR MARRIAGE.--The marriageable age for men begins with twenty years, and for women with eighteen years.

Parental consent is required, but if it is arbitrarily denied the authorities of the church may give their consent in its stead.

A man or woman is permitted to have but one spouse at a time.

CONSANGUINITY AND AFFINITY.--Marriage is forbidden between ascendants and descendants. In the collateral line marriage is forbidden between persons related within the seventh degree. Under this rule a person cannot lawfully marry the child of his or her second cousin. The ecclesiastical authorities may upon such grounds as to them may seem sufficient grant a dispensation permitting a marriage within the prohibited degrees.

Marriage is also prohibited between G.o.dparents and G.o.dchildren, and between G.o.dchildren who have the same G.o.dparent. Here also the clergy may remove the impediment by dispensation.

Persons suffering from idiocy, insanity, epilepsy or syphilis cannot contract lawful marriage.

Marriage is forbidden when the parties are of different religious faiths.

A person under obligation by religious vow to remain celibate or one who has been sentenced to a state of celibacy by an ecclesiastical court cannot conclude marriage.

Accomplices in adultery may not marry each other. Persons in the military service must obtain the consent of their superiors to contract marriage.

CELEBRATION.--The law of Bulgaria does not permit a civil marriage. If both or one of the contracting parties are baptized members of the Orthodox Greek Church, the marriage service must be in accordance with the rites of that church. Christians who belong to other churches are permitted to be married by the ministers of their faith. Three weeks at least must intervene between the betrothal and the wedding. All marriages must be preceded by the publication of banns.

FOREIGN MARRIAGES.--The law of Bulgaria does not recognize the foreign marriage of Bulgarian subjects unless the following elements are present:

1. The foreign marriage must comply with all the laws and rules of the foreign country where it is concluded.

2. If the parties are baptized members of the Orthodox Greek Church the marriage must be solemnized by a priest of that church. This rule applies even though in the country where the marriage was concluded a civil ceremony is sufficient.

DIVORCE.--The Church and State both permit absolute divorces. The causes are:

1. Adultery of either spouse.

2. Drunkenness and disorderly conduct.

3. Cruel and abusive treatment.

4. Threat to kill.

5. Incurable impotence.

6. Absence of the husband for four years coupled with failure to support wife.

7. Sentence to prison for an infamous offense.

8. False accusation of adultery.

9. Wife's desertion of the husband continued for three years.