The Civil Code of the Federal District (El Codigo Civil de Distrito Federal) was enacted simply for the Federal District and the Territories of Lower California, Tepic and Quintana Roo, but each of the twenty-seven States have in their respective Civil Codes adopted the provisions of the Federal Civil Code, especially with reference to the law of marriage and divorce. Therefore, we find it unnecessary to deal with each State separately.
Marriage.—The courts of Mexico, following the Federal Code, define marriage as the lawful co-partnership of one man and one woman united for life in an indissoluble bond to perpetuate their species and to render each other mutual assistance, fidelity and sympathy in bearing together the burdens of life.
The law does not recognize in any manner future espousals, nor any conditions contrary to the legitimate purposes of marriage.
Marriage must be preceded by the statutory preliminaries and be celebrated before authorized officials with all such formalities as are by law required.
A male must be at least 14 years of age and a female at least 12 years of age to contract marriage, unless a dispensation from the superior political authority is obtained permitting marriage at an earlier age. Such a dispensation can only be obtained in exceptional cases and for good cause.
Parental consent is required for the marriage of both males and females under the age of 21 years. If the father is dead the consent of the mother is sufficient. If both the father and mother are dead then the consent of the paternal grandfather will suffice. If he is also dead the paternal grandmother must give consent. In the event of both paternal grandparents being dead the maternal grandparents take their place and exercise the patria potestad.
Impediments.—The impediments to marriage are:
1. Incapacity of the parties, as when one or both are under age.
2. Absence of the consent of parents or of the person exercising the rights of a parent.
3. Mistake as to the identity of either party.