Section 1509. The marriage made without approval from the persons mentioned in Section 1454 is voidable.
Section 1510. Where the marriage is voidable on account of having been made without approval of the persons mentioned in Section 1454, only the person who can give the approval under Section 1454 may apply for termination of the marriage.
The right to apply for termination of the marriage under this Section is extinguished when the spouse has finished the age of the twentieth year or when the woman has become pregnant.
The action for the termination of the marriage under this Section is barred by prescription after one year from the day where the marriage is known.
Section 1511. The marriage which is terminated by judgment of the court shall be considered to have terminated on the day when the judgment becomes final: provided, however, that it may not be set up to the prejudice of the rights of third persons acting in good faith unless the termination of the marriage has been registered.
Section 1512. The provisions concerning the result of divorce by judgment of the Court shall apply to the result of termination of the marriage mutatis mutandis.
Section 1513. If it appears that the spouse sued on termination of the marriage has known of the grounds of voidability, such spouse is required to make compensation for the damage to the body, reputation or property of the other arising from such marriage, and the provisions of Section 1525 shall apply mutatis mutandis.
If the other spouse becomes destitute in effect of the termination of the marriage under paragraph one and derives insufficient income out of his or her property or business which used to be carried on during the marriage, the spouse against whom the action has been brought is also required to be liable to living allowances as provided in Section 1526.
Section 1514. Divorce can be effected only by mutual consent or by judgment of the Court.
Divorce effected by mutual consent must be made in writing and certified by the signatures of at least two witnesses.
Section 1515. Where marriage has been registered as outlined by this Code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.
Section 1516. Ground of action for divorce are as follows:
- The husband has provided maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may file a claim for divorce;
- One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offense or not, it if causes the other:
- To be seriously ashamed;
- To be insulted or hated on account of continuing to be the husband or wife of the spouse having committed the misconduct; or
- To sustain extensive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;
- One spouse has effected serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may file a claim for divorce;
- One spouse has deserted the other for more than one year, the latter may file a claim for divorce;
(4/1) one spouse had been sentenced by a final judgment of the Court and has been in prison for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party to sustain excessive injury or trouble, the latter may file a claim for divorce;
(4/2) The husband and wife voluntarily live separately because of their inability to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may file a claim for divorce;
(5)one spouse has been adjudged to have disappeared, or has left his or her domicile or residence for longer than three years and being unsure whether he or she is living or dead;
(6) one spouse has failed to provide proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taken into consideration, the latter may file a claim for divorce;
(7)one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may file a divorce.
(8) one spouse has broken a bond of decent behavior executed by him or her, the other may file a claim for divorce.
(9) one spouse is afflicted with a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce.
(10)one spouse has a physical disadvantage so as to be permanently unable to live and share space as husband and wife, the other may file a claim for divorce.
Section 1517. No action for divorce may be initiated by the husband or wife, as the case may be, if such spouse has provided consent to or connived at the acts under Section 1516(1) and (2) upon which the action for divorce is grounded.
If the ground of action for divorce under Section 1516 (10) is a result of actions by the other spouse, the action for divorce based upon such ground may not be initiated by such other spouse.
Where the action for divorce is based on the grounds under Section 1516(8) has been initiated, the Court may not issue judgment to enforce the divorce if the behaviors of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife.
Section 1518. The right to initiate an action for divorce would be ended if the spouse entitled thereto has committed any act showing his or her forgiveness to the act done by the other that has caused the right to initiate the action for divorce.
Section 1519. In case where one spouse is an insane person, and if there gives rise to the ground of action for divorce irrespective of whether it occurs before or after the insanity, the person entitled to apply to the Court for an order effecting the insane person to be an incapacitated person under Section 28 shall have the power t to submit an action against the other spouse for divorce and liquidation of the property. In such a case if no order of the Court effecting the insane spouse to be an incapacitated person has yet been issued, the said person shall apply to the Court in the same case for an order effecting the insane spouse to be an incapacitated person.
The said person may, if approved suitable, also apply to the Court for giving the order under Section 1526 and Section 1530.
In case where the spouse purported to be an insane person has not yet been determined incompetent, and if the Court deems that such spouse should not be adjudged incompetent, the case shall then be dismissed. If the spouse is thought to be suitable to be adjudged incompetent but an order to effect the divorce should not be issues as yet, the Court shall adjudge the spouse to be an incapacitated person and may not issue order regarding the guardian or appointing another person to be guardian under Section 1463 while the application for divorce will be dismissed, and the Court may in this connection issue an order determining living allowances. In case where the spouse is judged to be insane and should be adjudged incompetent by the Court and the application for divorce should also be granted, the Court shall issue an order in the judgment effecting such spouse to be an incapacitated person, appointing a guardian and allowing the divorce.
In case where the Court judges that the ground upon which the claim for divorce is based is not suited to the condition of the incapacitated spouse who is going to divorce the other spouse, or it is not proper under such circumstances that divorce should be granted, the Court may not pronounce the judgment to officiate the divorce.
Section 1520. In case of divorce by mutual agreement, the spouses shall create an agreement in writing for the exercise of parental power over each of the children. In the absence of such agreement or an agreement thereon cannot be reached, the matter shall be left up to the Court to decide.
In case of divorce by judgment of the Court, the Court trying the divorce case shall also order that the parental power over each child belongs to any party. If, in such trial, it is thought to be proper to take away parental power under Section 1582 from that spouse, the Court may issue an order taking away that same power from that spouse and appointing a third person as a guardian, by taking into consideration the happiness and interest of the child.
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