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Switzerland.

The marriage and divorce laws of the Swiss Republic are federal—that is, operating throughout all the cantons of the confederation. Prior to January 1, 1876, when the present federal law went into effect, the different cantons had individual laws regulating divorce.

Qualifications for Marriage.—1. Age. A man must be at least eighteen years of age and a woman at least sixteen in order to contract a valid marriage.

2. Mental capacity. Lunatics and idiots are prohibited from marrying.

3. Free consent. No marriage is valid without the free consent of the parties. Duress, fraud or error in the person precludes the presumption of consent.

4. Consent of parents. Parental consent is required of all persons under twenty years of age. If the parents are dead or incapable of manifesting their will the consent of a guardian is necessary. If the guardian refuses consent the parties may appeal from his decision to the courts.

Consanguinity and Affinity.—Marriage is prohibited between ascendants and descendants; between brothers and sisters of the whole or half blood; between uncles and nieces, or aunts and nephews, whether the relationship arises from legitimate or illegitimate birth, and between connections by marriage in the direct line.

Marriage is also prohibited between adopting parents and adopted children.

A widow, a divorced woman, or a woman whose marriage has been annulled cannot contract a new marriage within 300 days after the dissolution of the former marriage.

When an absolute divorce has been decreed on the ground of adultery, attempt on life, cruelty, dishonourable treatment, sentence to an ignominious punishment, wilful desertion, or incurable mental disease, the guilty or losing party cannot enter into a new marriage until one year has elapsed from the date of the divorce.

Preliminary Formalities.—Before the celebration, publication must be made in the district of birth and residence of both parties. Fourteen days after the formal publication of banns the registrar of the domicile of the intended husband delivers to the parties, provided no valid objection to the marriage has been served at the registrar’s office, a certificate of publication, which permits the parties to be married in any place in Switzerland within six months from date of publication.

Celebration.—The marriage ceremony must be performed by a registrar. The civil ceremony must precede any religious celebration. The civil marriage before the registrar must be publicly performed in the presence of not less than two witnesses.

Illegitimate Children.—Illegitimate children are legitimatized by the subsequent marriage of their parents.

Foreign Marriages.—A marriage contracted in a foreign country that is valid according to the laws of that country is valid in Switzerland.

Divorce and Judicial Separation.—Absolute divorce is granted for the following causes:

1. When both husband and wife consent to a divorcement and it appears to the court from facts presented that to keep the parties bound together by the marriage bond is incompatible with the true intention of marriage.

2. Adultery. However, six months must not have passed since the injured spouse obtained knowledge of the offence.

3. Attempt upon the life of either spouse.

4. Cruelty or dishonourable treatment.

5. Wilful desertion continued for two years, and the absentee has failed within six months to obey a judicial summons to return.

6. Incurable insanity or mental disease of three years’ existence.

7. In the absence of the causes above set forth the courts have still power to grant either an absolute divorce or a judicial separation for not more than two years if it appears that the parties are grossly antagonistic to each other. If, upon petition, a judicial separation is granted and at its stated expiration no reconciliation has taken place, the court will entertain an application for an absolute divorce.

Effects of Divorce.—The questions of property, alimony, custody of children and change of name are determined according to the laws of the individual cantons. Generally the guilty party must pay damages to the innocent spouse, either in one payment or by instalments, the amount depending upon the means of the parties and the nature and degree of the offence for which the divorce was granted.