4. Dowry - Classical Greece: cash, land, slaves - Hellenistic: cash, clothing, jewellery (moveables), not usually land or slaves - Bride at fault: entire dowry forfeited - Groom at fault: returns double the dowry In P.Tebt. 1.04 (92BC) - essential provisions the same - Taking the bride - Taking the dowry - Moral clauses - Disposition of dowry if marriage ends - Hellenistic developments: clause of level of support of wife; a trustee keeps the document; dowry contains only cash
Divorce. In the Hellenistic law, the husband can resolve unilaterally the marriage through the expulsion of his wife, while the latter had the right of exemption. Simultaneously the consensus divorce was possible. The divorce is realised with the interruption of the co-habitation informally. Since the 4th century AD there are cases of formal statements of divorce. In the contracts of marriage of the early Hellenistic years penalty clause is included for spouse who dissolves unilaterally the marriage. The penalty clause said that the husband should return to his wife apart from the dowry and money equal with the value of dowry and later with the half of this. In the later contracts penalty clause does not exist but the obligation of the return of the dowry. The obligation of alimony and assiduity of children is maintained by the husband but during the roman years there are cases where the assiduity belongs to the mother and the relatives from the maternal side.
Example: 2. Demotic divorce documents PPhiladelphia 11 (281BC) I have repudiated you as wife. I am far from you in the right of wife. It is I who have said to you, â€˜make for yourself a husbandâ€™. I will not be able to stand before you in any place into which you will go to make for yourself a husband. I have nothing at all against you in the name of wife from today