fer
materially from those prescribed by the English acts. The custody of
children is given to the party who has obtained the divorce, unless the
court, on the application of the family, or the _ministere public_,
consider it better, in the interests of the children, that custody
should be given to the other party or a third person; but in every case
the right of both father and mother to supervise the maintenance and
education of the children, and their liability to contribute to their
support, are continued.

The law in France as to property on a divorce has been accurately stated
as follows:--

"Divorce in France effects a dissolution of the matrimonial regime of
property as well as of the marriage itself. The decree appoints a
notary, who is charged with the settlement of the pecuniary interests
of the parties. By a stereotyped form of procedure the appointment is
made invariably for the purpose of liquidating _la communaute ayant
existe entre les epoux_, irrespective of whether the regime really was
that of community or another. In the case of aliens, therefore,
married under the rule of separate property, it is necessary carefully
to set this out in the notarial deed of liquidation, in order to
defeat the presumption which might be raised by the wording of the
decree that a community really did exist. The party against whom the
divorce has been pronounced loses the benefit of all settlements made
upon him or her by the other party, either by the marriage contract or
since the marriage. On the other hand, the party in whose favour the
divorce has been pronounced preserves the benefit of all settlements
made in his or her favour by the unsuccessful party. If no such
settlements were made, or if those made appear inadequate to ensure
the subsistence of the successful party, the court may grant him or
her permanent alimony out of the property of the other party, not to
exceed one-third of the income, and revocable in case it ceases to be
necessary" (Kelly, p. 130).

On a divorce both parties are at liberty to remarry. The husband could
remarry at once; but the wife (art. 296 of the Code) was only allowed to
remarry after an interval of ten months. By the act of 1907, this
article was abolished, and the wife allowed to remarry as soon as the
judgment or decree granting the divorce has been entered, providing 300
days have elapsed since the first judgment was pronounced. A div