7. Wilful and malicious desertion.
Effects of the Divorce.—If the wife be of age she can exercise all the usual acts of civil life.
Each of the parties can fix his or her domicile or residence where he or she thinks fit, even if it be abroad. However, if the party have children under his or her care, they cannot be taken abroad without the permission of the court of their domicile.
The innocent party can revoke the donations or advantages which he or she may have made or promised to the other by the marriage contract, whether they were to have come into effect during the life of the party or after his or her death.
Children less than five years old remain in the mother’s custody. Those over that age shall be handed over to the party who, in the opinion of the judge, is most fitted to educate and care for them.
The husband who may have given cause for divorce must continue to support the wife if she have not sufficient means of her own. The judge shall decide the amount and manner in which this shall be done, with due regard to the circumstances of both parties.
Whichever of the parties may have given cause for divorce will have the right to require the other, if he or she be able to do so, to provide him or her with subsistence, if such be absolutely necessary.
Dissolution of Marriage.—A legal marriage can only be dissolved by the death of one of the contracting parties.
A marriage which can be dissolved in accordance with the laws of the country in which it was celebrated cannot be dissolved in the Argentine Republic except by the death of one of the parties.
The supposed decease of one of the contracting parties, either through absence or disappearance, will not enable the other to marry again. So long as the decease of one of the contracting parties, either through absence or disappearance, has not been absolutely proved, the marriage is not considered as dissolved.