The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-11
DIVORCE LAWS OF EUROPE
Husbands and Wives Separate for
Many Causes Recent Changes.


A paper was presented to parliament
in 1894 containing returns in which an
outline was given of the marriage laws
prevailing in foreign countries, especial
~ 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. Re
turns showing the state of the law on
divorce in the various countries, espec-
tally 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
letter to his majesty's representa- tives
abroad, in which he requested them to
furnish him with a report in a form
suitable for presentation to parliament,
showing in what, if al all. the marriage
laws and laws of divorce in the various
countries to which they were accredited
had been amended since 1894. These re-
ports 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 amend
ments have been made in the statutes
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 alpha
betical order in which they are arrang-
ed in the correspondence.
In Belgian considerable amendments
were made in the marriage laws by a
new law in 1896, which cheap ened and
simplified the formalities preliminary TO
marriage. A similar policy was pur-
sued in France in the same year, and
the position which marriage occupies in
that country as family institution is
well exempIfied by the modification in
trOduced into article IL of the civil
code:
Where the children of family have
attained the majority fixed by act 14S
they must previous to contracting mar
rage request in an instrument couch
ed in respectful and formal terms the
advice of their father and mother, or
that of their grandfathers and grand
mothers when their father and mother
are dead or incapable of manifesting
their win
In Germany the imperial law of 1875,
which regulated personal status and
marriage throughout the German en-
pire has been embodied, with mOulf1ca-
lions. in the civil code, which came into
force on January l, 1900. The marriage
of English women in foreign countries
has recently been the subject of discus
sion and il is interesting to observe
that under the civil code, English sub
iects domiciled in Germany are subject
to German marriage laws, while English
subjects not COmiciled 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 compared
with the narrow limits of our own di-
vorce laws The new German law
RECOGNIZES not only divorce. but separa-
ton. which has all the effects of a di-
vorce. the separated parties, however,
not being allowed to contract new mar
fiagss, and being able At any time to re-
sumo conjugel relations The following
are the statutory reasons for divorce:
ID Adultery, equivalent to which
are considered unna tuTal vices aud il
licit Intercourse Of any kind In the
case of adultery the guilty parties may
be Imprisoned on the application of the
innocent party
or Fr-iangering Of life when one Of
the married pair seeks to destroy the
life of the other
(s.) Desertion in certain circum-
stances.
as insanity. which must have exist
ed for three years and be pronounced
55) Finally. plea for divorce can be
found when one or other party grossly
| neglects his or her duties against tbs