Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-06
FOREIGN MARRIAGE LAWS.
Regulations Of Divorce and Matrimony
in France and Germany.

From the London Chronicle.
| 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, es-
| pecially the grounds on which divorce could
/ be obtained and the cost, were also in
| cluded in the correspondence. In June,
| 1902 Lord LanSdowne wrote a circular let
| ter to his majesty's representatives abroad,
! in which he requested that they would fur
! nish him with report, in form suitable
| for presentation to parliament, showing In
what, If at all, the marriage laws and law
of divorce in the various countries to
which they were accredited had been
amended since 1894. These reports have
now been officially published, and show that
some interesting changes have been effected
in the two branches of law. though the
great majority of our representatives, state
that no amendments have been made in the
statutes of the countries to which they are
accredited. 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
correspondence.
In Belgium considerable amendments
were made in the marriage laws by a new
law in 1896, which cheapened and simpli-
fed the formalities preliminary to mar
riage. similar policy was pursued in
France in the same year, and the position
which marriage occupies in that country
as family institution is as well eXenplified
by the modification introduced into article
151 of the civil code:
Where children of a family have attained
the majority fixed by act rs they must
previously to contracting marriage, request
in instrument couched in respectful and
formal terms the advice of their father and
mother, that of their grandfathers and
grandmothers. when their father and
mother are dead, or incapable of manifest
ing their will.
In Germany the imperial law of 1879,
which regulated personal status and mar
riage throughout the whole German en-
pre- has been embodied, with modifica-
lions, in the civil code which came into
force on January /, 1880 The marriage of
Englishwomen in foreign countries has re-
Gently been the subject of discussion, and IL
is interesting to observe that, under the
civil code, English subjects domcied in
Germany are subject to German marriage
laws, while English subjects not domiciled
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 tie divorce law
for the whole empire are now contained In
the civil code. AT the same time the rea-
for divorce have been largely altered.
and may be profitably compared with the
narrow limits of own divorce laws.
divorce, but separation, which has all the
effects of a divorce, the separated parties,
however, not being allowed to contract
new marriage, and being able at any time
to resume their conjugal relations. The fol-
lowing are the statutory reasons for d-
vorce:
1. Adultery, equivalent to which con-
sidered 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 of the
married pair seeks to destroy the life of the
other.
3. Desertion in certain circumstances
4. Insanity, which must have existed for
three years and be pronounced incurable.
3. Finally, plea for divorce can be found
when one or other of the party grossly
neglects his or her duties against the other,
or leads such an immoral or dishonorable
life entirely destroys the conjugal rela-
TONS 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 a divorce If the other
has been sentenced to imprisonment
ceeding six years, or to a period of uncer-
tain duration or to Imprisonment exceeding
three months for any crime committed
against the petitioner, for any act by
which his or her life has been deliberately
endangered, or, finally, sentenced to any
Imprisonment for crimes of an outrageous
or unnatural character. By the prescrip-
lions of the same law husband or wife can
apply for divorce If either has been SEN
fenced for vagrancy, intemperance or other
i'll conduct.