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Divorce Law in The Netherlands 1940s

maraberto
maraberto
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Would anyone know the list of acceptable reasons to initiate a divorce proceeding in The Netherlands during the 1940s? For instance, would the couple have to have a certain number of years of separation under their belt ? Or, would both have to consent to it? Was it easy to get a divorce then?
Thank you
anaesthetist
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The Civil Code of 1838 established four grounds for divorce, all four based on the so-called guilt principle: adultery; malicious abandonment; sentencing to a 'degrading' punishment; and maltreatment of the other spouse either in such a way that his or her life had been endangered or the assault had resulted in serious injuries. In addition, dissolution of the marriage was possible after five years of uninterrupted legal separation.
Article 263 OBW explicitly prohibited divorce by mutual consent.
(this objection was generally bypassed, by one spouse confessing adultery, and the other spouse not being present in court)
maraberto
maraberto
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Thank you so much for your reply. Very interesting indeed!!
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