Marriage and Divorce Laws of the World Part 2

6-7 Father's Brother's Wife, Mother's Brother's Wife (Uncle's Wife, _i.e._, aunt by affinity).

8-9 Wife's Father's Sister, Wife's Mother's Sister (Wife's Aunt).

10 Mother.

11 Stepmother.

12 Wife's Mother (Mother-in-law).

13 Daughter.

14 Wife's Daughter (Step-daughter).

15 Son's Wife (Daughter-in-law).

16 Sister.

17 Brother's Wife (Sister-in-law).

18-19 Son's Daughter, Daughter's Daughter, (Granddaughter).

20 Son's Son's Wife (Son's Daughter-in-law).

21 Daughter's Son's Wife (Daughter's Daughter-in-law).

22 Wife's Son's Daughter (Stepson's Daughter).

23 Wife's Daughter's Daughter (Stepdaughter's Daughter).

24-25 Brother's Daughter, Sister's Daughter (niece).

26-27 Brother's Son's Wife, Sister's Son's Wife (nephew's wife).

28-29 Wife's Brother's Daughter, Wife's Sister's Daughter (niece by affinity).

A woman may not marry her:

1 Grandfather.

2 Grandmother's Husband.

3 Husband's Grandfather.

4-5 Father's Brother, Mother's Brother (uncle by blood).

6-7 Father's Sister's Husband, Mother's Sister's Husband, (Aunt's Husband, _i.e._, uncle by affinity).

8-9 Husband's Father's Brother, Husband's Mother's Brother (husband's uncle).

10 Father.

11 Stepfather.

12 Husband's Father (father-in-law).

13 Son.

14 Husband's Son (stepson).

15 Daughter's Husband (son-in-law).

16 Brother.

17-18 Husband's Brother, Sister's Husband (brother-in-law).

19-20 Son's Son, Daughter's Son (grandson).

21 Son's Daughter's Husband (son's son-in-law).

22 Daughter's Daughter's Husband (daughter's son-in-law).

23 Husband's Son's Son (stepson's son).

24 Husband's Daughter's Son (stepdaughter's son).

25-26 Brother's Son, Sister's Son (nephew).

27-28 Brother's Daughter's Husband, Sister's Daughter's Husband (niece's husband).

29-30 Husband's Brother's Son, Husband's Sister's Son (nephew by affinity).

GROUNDS OR CAUSES FOR DIVORCE.--A husband is ent.i.tled to a divorce if his wife has committed adultery, but a wife is not so ent.i.tled unless her husband has committed incestuous adultery, bigamy, rape, sodomy, b.e.s.t.i.a.lity, adultery coupled with cruelty, or adultery coupled with desertion without reasonable excuse for two years or more. Incestuous adultery is adultery with a woman within the prohibited degrees.

A wife will not be granted a decree of divorce on the ground of her husband's adultery coupled with cruelty unless the cruelty relied on consists of bodily hurt or injury to health, or a reasonable danger or apprehension of one or the other of them. There must be at least two acts of cruelty on the part of the husband.

The communication of venereal disease when the husband knows of his condition is an act of cruelty.

PROCEDURE.--The application for a divorce is made by a pet.i.tion to the Probate, Divorce and Admiralty Division of the High Court of Justice.

The party seeking relief is called the pet.i.tioner, and the party against whom the pet.i.tion is brought is called the respondent. The party with whom a husband alleges his wife has committed adultery is called the co-respondent. The person with whom a wife alleges her husband has committed adultery is not a party to the suit. However, a woman implicated in a divorce suit may, upon proper application, secure an order permitting her to attend the proceedings as an intervener.

Divorce proceedings in England are very expensive; the costs in an ordinary uncontested suit amount to from thirty to forty pounds sterling.

A pet.i.tioner or respondent who is not worth twenty-five pounds after payment of his or her debts, exclusive of wearing apparel, may sue or defend in _forma pauperis_. A person whose income exceeds one pound a week cannot, except in special cases, sue or defend in _forma pauperis_. A party desiring to sue or defend in _forma pauperis_ must as a preliminary measure prepare a written statement of his or her case, setting forth the facts relied upon as a cause of action or defence, and obtain thereon an endorsed opinion of a barrister-at-law setting forth his professional opinion that the cause of action or defence as stated is good in law. The applicant must then make an affidavit, attaching the statement and the barrister's opinion. This affidavit is then filed in the Divorce Registry of Somerset House, where two days later, if a proper case is made out, an order is issued granting the applicant leave to sue or defend in _forma pauperis_. No fees are charged in respect to this application nor upon the subsequent proceedings in court. No solicitor or barrister is a.s.signed to the party proceeding in this form.

JURISDICTION.--The Court will only entertain jurisdiction when the husband is domiciled in England. If the husband is temporarily residing abroad an action by him or his wife for divorce must be inst.i.tuted in England.

The English Courts do not recognize a change of domicile which is obtained simply to enable the parties to obtain a divorce in another country, the laws of which offer greater facilities.