Under Roman law, the woman who got married was still in her father’s family (but that was not the rule) and not just the spouse. With the divorce, she lost parental rights over children who were only among her father’s family.
The woman who got married did not always belong to the father’s family afterwards. In Rome, the law recognized two forms of getting married: according to one woman, passed from the authority of her father or her current guardian to her husband– conventio in manum and was adopted by the family husband; in the second case, the marriage was contracted without passing under the authority of the husband – sine conventione in manum – the woman as a married woman was still under her father’s authority.
She did not lose her relationship with her family, she retained the right of inheritance. The basis of such a relationship was mutual consent to marital intercourse.
Kolańczyk Kazimierz, Prawo rzymskie, Warszawa 1997
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