- Death
Marriage was dissolved by death. In some cases a widow was not free to remarry immediately.
- Prolonged absence
This could have the same effect as death on marriage. The absence of news from a spouse for a considerable period, and circumstances from which death might be presumed could end a marriage.
- Enslavement
The enslavement of a spouse by ius civile terminated the marriage.
- Incestus Superveniens
If, for example, a father (A) adopted the wife (B) of his son (C), or the husband (D) of his daughter (E), the marriages between B and C, and D and E were considered as dissolved.
- Divorce
+ In manus marriage
Confarreatio marriage could be dissolved by diffarreatio; coemptio or usus marriage could be dissolved by remancipatio, by which the wife was transferred to her former paterfamilias.
+ In free marriage
It was possible for a father to take back his daughter against her wishes or her husband's Antoninus Pius prohibited this. Divorce by mutual consent was possible in free marriage.
+ Divorce: Under Constantine and Justinian
Under Constantine divorce was allowed for specified reasons, e.g., misconduct of a spouse. Divorce without reasonable cause was penalised. In A.D. 542 Justinian prohibited divorce by mutual consent, except where the husband was impotent, or wished to enter a monastery, or where either spouse was in captivity.
+ Divorce: Formalities
No particular form was needed for a repudium (declaration of divorce). The Lex Julia de adulteriis (18 B.C.) required that a repudium be delivered by a freedman in the presence of seven adult Roman citizens.
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- Marriage and Roman Law
+ Marriage (I): Its nature
+ Marriage (II): Sponsalia
+ Marriage (III): Its requisites
+ Marriage (IV): Laws of Augustus
+ Marriage (V): Forms of marriage
+ Marriage (VI): Concubinage
+ Marriage (VIII): Matrimonial property
+ Marriage (IX): Children
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Source:
Roman Law, L. B. Curzon, pages 43 - 44.
