Marriage and Divorce Laws of the World Part 10

In Croatia and Slavonia, which, although legally parts of the Kingdom of Hungary, are autonomous in domestic affairs; three separate systems of marriage regulation are in force governing, respectively, the Catholics, the Oriental Greeks, and the Protestants and Jews.

HUNGARY PROPER AND TRANSYLVANIA.--Civil marriage is the only form recognized by law.

MARRIAGE QUALIFICATIONS.--A man cannot marry before the conclusion of his eighteenth year; a woman, before the conclusion of her sixteenth year. A minor cannot conclude a marriage without the consent of his or her legal representative.

IMPEDIMENTS.--1. Marriage is forbidden between ascendants and descendants.

2. Between brother and sister.

3. Between brother or sister and offspring of brother or sister.

4. Marriage between a person who has been previously married and a blood relative in direct line of that person's former consort is forbidden.

5. First cousins may not conclude marriage, except on dispensation from the Minister of Justice.

6. No person may conclude a marriage with any one who has been legally sentenced for a murder or a murderous a.s.sault committed on the former's consort, even if the sentence has not yet entered into effect.

7. No one may conclude a marriage without the consent of his ecclesiastical superiors if he has taken ecclesiastical orders or vows which, according to the law of the church to which he belongs, prevent his marrying.

8. So long as the guardianship continues, marriage is prohibited between a guardian or his offspring and the ward.

PRELIMINARIES.--Before a marriage can be lawfully celebrated it must be preceded by the publication of banns. This publication must be made in the commune or communes where the parties ordinarily reside. Publication is made by posting an official notice for fourteen days in the office of the registrar and in a public place in the communal building.

CELEBRATIONS.--Marriage is, as a rule, to be solemnized before the registrar of the district in which at least one of the parties has his or her residence or domicile. At the celebration of marriage the parties are obliged to appear together before the officiating magistrate, and in the presence of two competent witnesses declare that they conclude a marriage with each other. After such declaration the magistrate declares the couple to be legally married.

The registrar is required by law to enter a record of the marriage on his official register and to give a formal marriage certificate to the parties.

FOREIGN MARRIAGES.--In general, for a marriage contracted by a Hungarian citizen in a foreign country to be recognized as valid in Hungary, the parties to the marriage must satisfy the requirements of their respective States as to age and legal capacity and must be free from all other impediments contained in the law of either State. The Hungarian citizen must comply with the regulations of the Hungarian law regarding publication.

Besides this, the foreign marriage must be concluded in accordance with all the requirements of the country where it was celebrated.

ILLEGITIMATE CHILDREN.--If at the time such children were born the parents could legally have married each other then the subsequent marriage of the parents makes legitimate the children.

ANNULMENT OF MARRIAGE.--Marriages may be annulled because of the violation of the various provisions of law regarding marriage impediments or the formalities necessary to conclude marriage.

DIVORCE AND SEPARATION.--Marriage can be legally dissolved only by a judicial decree on certain grounds specified by law. These grounds are of two cla.s.ses--absolute and relative.

The following causes const.i.tute absolute grounds for divorce:

1. Adultery.

2. Crime against nature.

3. Bigamy.

4. Wilful abandonment without just cause.

5. Attempt upon the life or wilful and serious maltreatment such as to endanger bodily safety or health.

6. Sentence to death or to at least five years in prison or the penitentiary.

For all of the above causes the court must grant an absolute divorce if the allegations are proven.

Divorce may also be granted on the following "relative grounds" if the court, after careful consideration of the individuality and characteristics of the parties, is satisfied that the facts warrant the desired relief:

1. Serious violation of marital duties.

2. Inducing, or attempting to induce, a child belonging to the family to commission of a criminal act or to an immoral manner of life.

3. Persistent immoral conduct.

4. Sentence to prison or the penitentiary for less than five years, or to jail for an offence involving dishonesty.

JUDICIAL SEPARATION.--An action for separation from bed and board can be maintained on any of the grounds enumerated for divorce.

EFFECTS OF DIVORCE OR SEPARATION.--After a divorce the guilty party is required to restore to the innocent party all gifts made by the latter before or during the marriage. The man who is declared guilty is obliged to maintain the innocent woman in a position in keeping with his estate and social position, in so far as her income is insufficient. Alimony is payable as a rule in advance monthly instalments. The right to alimony continues after the man's death, but on the application of his heirs it may be reduced to the amount of the net income of the estate. The right to alimony ceases if the woman marries again.

Up to their seventh year minor children are entrusted to the care of the mother; after that time, to the innocent party. If both parties are guilty the father receives the custody of the boys and the mother that of the girls.

The effects of separation are the same as those of divorce in reference to property, alimony and custody of children.

FOREIGN DECREES.--In matrimonial causes where one or both of the parties is a Hungarian citizen the courts of Hungary do not recognize any foreign judgment or judicial decree.

CHAPTER XII.

SWEDEN.

MARRIAGE.--Swedish law recognizes marriages which are to take effect in the future (_sponsalia de futuro_), and the existence of a betrothal that has been entered into in the presence of four witnesses and the woman's marriage guardian carries with it the obligation of a final fulfilment of the marriage promise, which under certain conditions is subject to enforcement by law. Thus, on the refusal of one of the affianced parties to proceed to the promised marriage, they can be proclaimed man and wife by judgment of the court, and the complainant has then the rights of a legally wedded person. This method of procedure is resorted to particularly if cohabitation has taken place subsequent to the betrothal, but in the absence of such cohabitation various causes can render the promise of marriage invalid. Diseases of a contagious or of an incurable nature, whether contracted before or after the marriage promise was given, insanity, ungovernable temper, licentiousness or other vices, and serious defects are sufficient impediments to the compulsory marriage of betrothed persons.

A person who, under false pretenses, entices another to promise marriage, cannot demand the fulfilment of the promise and is even liable to punishment.

A betrothal entered into through force or fear, or during a state of intoxication or temporary insanity, is not valid.

IMPEDIMENTS TO MARRIAGE.--

1. Lack of free consent.

2. Epilepsy. Sufferers from epilepsy (_epilepsia idiopathica_) are barred from marrying.

3. A heathen or a person who does not belong to any recognized religious creed cannot contract a lawful marriage.

4. Non-age. Marriage can be lawfully entered into by males 21 years of age and over and by females 17 years of age and over. A male Laplander, however, may marry when 17 years of age and a female when 15 years of age.

A dispensation may be granted from the impediment of non-age, but such dispensation is not granted a male unless his marriage is approved by his parents or guardians and unless he is a person of good reputation and able to support a wife.