Holland
: Japanese Fairy TalesMARRIAGE.--A male must be eighteen years or more and a female sixteen
years or more in order to be lawfully married.
Marriage is forbidden between all descendants and ascendants, legitimate
or otherwise, and in the collateral line marriages are forbidden between
brothers and sisters of the whole or half blood, legitimate or
illegitimate.
Marriage is also forbidden in Holland between brothers
sisters-in-law, between uncle and niece, or granduncle and grandniece, and
between aunt and nephew, grandaunt and grandnephew, legitimate or
otherwise.
The Queen has power under the law to grant a dispensation for good reasons
relieving any couple from the effect of such prohibitions. She has also
power, for sufficient cause, to permit persons under age to contract
marriage.
As a preliminary to marriage children must ask the consent thereto of
their parents, but the consent of the father is sufficient. If the father
is dead the consent of the mother suffices.
If the mother and father are both dead the grandparents take their places.
Marriage is treated in Holland as a civil contract.
CELEBRATION.--The ceremony of marriage must take place publicly in the
town hall before a registrar, but not until three days after the
publication of banns. Four male witnesses of full age must be present. If
one of the parties is unable to attend the town hall the marriage may be
solemnized in a private house, but in such a case six male witnesses of
full age are necessary. A religious celebration of the marriage cannot be
performed until the officiating clergyman is shown proof that the civil
marriage has already taken place.
FOREIGN MARRIAGE.--A marriage concluded in a foreign country between two
Hollanders, or between a Hollander and a foreigner, is recognized as valid
in Holland if celebrated according to the requirements of the foreign
country, and provided the banns were duly published, without opposition,
in the place or places of residence in Holland of the contracting parties,
and provided such marriage is not in contravention of the law of Holland.
ANNULMENT OF MARRIAGE.--A marriage may be judiciously annulled on the
following grounds:
1. Previous existing marriage of one of the parties.
2. Want of free consent on the part of one or both of the parties.
3. Mistake as to identity of person.
4. Insanity or deficient mentality of one or both parties.
5. Lack of marriageable age.
6. Relationship within prohibited degrees.
7. Marriage with an accomplice in adultery.
8. Absence of requisite number of witnesses.
9. Marriage in spite of an objection raised on publication of the banns,
in case the objection proves to be well founded.
10. Marriage in violation of any other legal requirement.
DIVORCE.--In Holland a marriage can be dissolved in one of four different
ways:
1. By death of one of the parties.
2. By the absence of one of the spouses for the period of ten years or
more, coupled with the remarriage of the other spouse.
3. By a divorce pronounced after a judicial separation has been obtained
by one of the spouses.
4. By a divorce pronounced in the first instance for one of the causes
hereinafter stated.
The causes for an absolute divorce are:
1. Adultery.
2. Malicious abandonment continued for five years.
3. Judicial condemnation of one of the spouses to prison for an infamous
offence.
4. Grave bodily harm inflicted by one spouse upon the other.
PROCEDURE.--The action for divorce must be instituted before the judge of
the district where the husband is domiciled, except when the cause alleged
is malicious abandonment, in which case the suit must be brought before
the judge of the district in which both parties had their last common
domicile.
Before filing the formal petition the complainant must personally attend
before the district judge and state the facts, after which it is the duty
of the judge to attempt a reconciliation of the parties. The complainant
must appear without counsel or relatives. The judge next orders both
parties to appear before him without counsel or relatives in the further
endeavour to effect a reconciliation.
If a reconciliation appears to be impossible the formal petition for
divorce is then filed with the court.
All suits for divorce are heard in camera, and the public prosecutor
must attend.
EFFECTS OF DIVORCE.--In so far as the innocent party is not able to
support himself or herself out of his or her income the guilty party is
bound, if able, to provide support.
Except when it appears to the court that justice otherwise requires, the
custody of the children is given to the successful suitor.
The innocent party retains all gifts made to him or her by the other and
the guilty party loses them all.
Both parties are free to contract a new marriage.
JUDICIAL SEPARATION.--A separation from bed and board may be granted on
the same grounds as entitle a party to an absolute divorce. Such a
separation may also be judicially granted by consent of both spouses.
After a judicial separation has existed for five years either of the
parties may petition the court to enlarge the decree of separation into a
decree of absolute divorce.
More
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Hampden
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