As conditions preliminary to marriage, the new law should insist—
That man and wife should be of full age;
That neither should be more than twenty-five years older than the other;
That neither should be closely related or connected with the other, as the present law already forbids. The new law must in this respect be modified in the sense either of greater severity or of relaxation, according as the scientific knowledge of the future may direct.
Finally, neither party should simultaneously enter upon another marriage. On both parties will be imposed the duty of providing a medical certificate regarding the state of their health; a proposed marriage must be forbidden when either party is suffering from a disease transmissible to the children (also when suffering from a disease which would infect the other party?). With regard to other illnesses, the matter may be left to the free judgment of those wishing to be married.
Marriage will take place before the marriage assessor of the commune, and before four other witnesses, without any special ceremony; the contracting parties will enter their names in the register, and their signatures will be witnessed by those present. When for any reason the marriage is to be kept secret, the witnesses will, of course, be bound to secrecy.
This civil marriage is all that the law will direct; the religious ceremony will be a voluntary affair, and will have no legal force.
In marriage, husband and wife will retain all the personal rights which they had before marriage, over their bodies, their names, their property, their work, their wages, also the right to choose their own place of residence, and all other civil rights. For common expenses and debts they will have a common responsibility; whilst each will be personally responsible for personal expenditure and debts. In case of divorce, each will retain his or her property. In the event of death, the widower or widow will inherit half the property, the remainder going to the children.
For divorce, Ellen Key suggests there should be a “council of divorce,” consisting of four persons, men or women. The first aim of this council will be, somewhat like that of a court of honour before a duel, to attempt to reconcile the parties, to adjust any cause of quarrel. If this attempt fails, the matter must go before the marriage assessor of the commune; but this cannot take place until the expiration of six months from the time when it was brought before the council of divorce. The council of divorce must testify before the assessor that six months before each party was fully informed regarding the wish of the other that the marriage should be dissolved, and regarding the reasons for that wish. If there are no children, if a division of the property has been arranged, and if husband and wife have lived completely apart for one year, the divorce will be effected one year after the commencement of proceedings. When there are children to the marriage, there will be needed a special “jury for the care of children” to deal with the custody of the children. If either party is found by the jury and the judge to be unworthy for or incapable of the custody of the children, on the ground of his (or her) morals or character, he (or she) loses his (or her) rights. If either father or mother is deprived of the custody of the children, a guardian must be appointed—a man to represent the father, a woman to represent the mother—and this guardian will supervise the education of the children in association with the remaining parent. If both parents are found to be unfitted for the custody of the children, the education of the latter must be supervised by a guardian only. If both parents are equally fitted and worthy for the custody of the children, the latter should remain with the mother until the age of fifteen, and would then have the right to choose between their parents.
Ellen Key demands severe laws against the seduction and abandonment of girls under age, on the part of unconscientious men; and she considers that the witting transmission of any infective disorder by means of sexual intercourse should be punished by imprisonment for a minimum term of six months. Speaking generally, the law should always come to the assistance of the weaker party, above all, to the assistance of the children, and in most cases to the assistance of the mother.