Evening star., 1903-07-02
DIVORCE LAWS OF EUROPE.
Husbands and Wives Separate for
Many Causes-Recent Changes.

From the London Chronicle. a.
A paper was presented to parliament in
1894 containing returns In which an outline
was given Of the marriage laws prevailing
in foreign countries, especially the ages at
which marriage could be contracted, the
laws Of prohibition. the hours in which the
ceremony could be performed and the fees
charged. Returns showing the state of the
law on divorce in the various countries,
especially the grounds on which divorce
could be obtained, and the cost. were also
included in the correspondence. In June,
1902, Lord Lansdowne wrote circular let
ter to his majestys representatives abroad.
in which he requested them to furnish him
with a report in a form suitable for presen-
tation to parliament. showing IN what. II
| at all, the marriage laws and laws of di-
they were accredited had been amended
since 1894. These reports have now been
officially published, and show that some In
teresting changes have been effected In the
two branches Of law, though the great ma
jority of our representatives state that no
amendments have been made in the stat
utes of the countries to which they are ac-
credited. 1t is the simplest course to deal
with the various states in which the laws
have been altered in the alphabetical order
in which they are arranged in the corre-
spondence.
In Belgium considerable amendments were
maze IN tne marriage laws py d new law
in 1896, which cheapened and simplified the
formalities preliminary to marriage. A
similar policy was pursued in France IL
the same year, and the position which mar
riage occupies in that country as a family
institution is well exemplified by the modi-
fication introduced into article eli of the
civil code:
Where the children Of a family have at
tanned the majority fixed by act 148 they
must, previous to contracting marriage. re-
quest in an instrument couched in respect
full and formal terms the advice of their
father and mother, or that of their grand
fathers and grandmothers when their
father and mother are dead or incapable of
manifesting their will.
In Germany the imperial law Of 1875,
which regulated personal status and mar
riage throughout the German empire, has
been embodied, with notifications, in the
civil code, which came into force on Janu-
airy /, 1900. The marriage of English wo-
men in foreign countries has recently been
the subject Of discussion, and 1t Is interest
ing to observe that. under the civil code,
English subjects domiciled In Germany are
subject to German marriage laws, while
English subjects not domfciled In Germany
are subject to English law. But the most
sweeping change has taken place in the
German law of divorce. The laws of the
separate states have been annulled and the
principles regulating the divorce law for
the whole empire are now contained In the
civil code. At the same time the reasons
for divorce have been largely altered, and
may be profitably compa afed with the mar
row limits of our own divorce laws. The
new German law recognizes not only di-
vorce, but separation, which has all the ef-
fects of divorce, the separated parties.
however not being allowed to contract new
marriages, and being able at any time to
resume conjugal relations The following
are the statutory reasons for divorce:
a. Adultery, equitalent to which are
considered unnatural vices and Illicit inter
course of any kind In the case of adultery
the guilty parties may be imprisoned on the
application of the innocent party.
(2.) Endangering of life, when one of the
| married pair seeks to destroy the life Of the
other.
(3) Desertion in certain circumstances.
a. Insanity, which must have existed
for three years and. be pronounced incur
able =
Is Finally, plea for divorce can be
found when one or other, party grossly ne
elects his or her duties against the other,
or leads such an immoral or dishonorable
life as entirely destroys the conjugal rela-
tions The plea of masquerade aversion"
formerly allowed in Prussia. is no longer
permissible under the civil code
An extension Of the grounds for divorce
has occurred in Norway, where, by the
criminal law amendment act of 1902, either
party can apply for divorce IL the other
has been sentenced to imprisonment ex-
ceeding six years, or to a period of uncer-
tain duration, or to imprisonment exceed
ing three months for any crime committed
against the petitioner, or for any act by
which his or her hfe has been deliberately
endangered, or, finally, sentenced to any
imprisonment for crimes of an outrageous
or unnatural character. By the prescrip-
tions OF the same law husband or wife can
fenced for yagrancy, intemperance or other
ill-conduct