This article is an overview of divorce laws around the world. Every country in the world allows its citizens to divorce under certain conditions except the Philippines (although Muslims in the Philippines have the right to divorce) and the Vatican City, ecclesiastical sovereign states, which have no procedures for divorce. In both countries, the law only allows the cancellation of marriage.
Video Divorce law by country
Muslim Society
In Muslim societies, the law on divorce varies from country to country. Different Muslim intellectuals can have little difference in interpretation of divorce in Islam, (eg about triple divorce).
Anonymous divorce is permissible in Muslim societies, though usually only with the consent of the husband. A wife seeking divorce is usually asked to provide one of several specific justifications (see below).
If the man is looking for a divorce or divorce, he should cover the cost of his ex-wife feeding his child and child charges until the child is two years old (ie if the child is under two years old). The child is still a child of the couple despite the divorce.
If the wife is looking for a divorce, she should go to court. He must provide evidence of ill-treatment, inability to sustain him financially, sexual impotence on the part of his husband, his dislike of his appearance, etc. The husband may be given time to fix the problem, but if he fails, the appointed judge will grant a divorce if the couple still wants a divorce. Argentina
In Argentina, the legalization of divorce is the result of a struggle between different governments and conservative groups, most of which are related to the Catholic Church.
In 1888, Law 2,393 provided that marriage and divorce in Argentina were governed by the State, not the Church. Divorce occurs only in the separation of the spouse's personal, without dissolving marriage. The divorce is not allowed to marry new and to get the divorce must be approved by court order. The causes in which it is permitted are adultery, humiliation, violence, or neglect.
Only in 1954, President Juan Domingo PerÃÆ'³n, who at that time - in conflict with the Church, had Law 14,394 passed for the first time in a country that recognized divorce could remarry. But PerÃÆ'³n was forced out of the presidency one year later by a military coup, and the government that replaced it, abolished the law.
Since 1968 no need to prove one party's fault, but remarry after divorce is still prohibited.
Finally, in 1987, President RaÃÆ'ºl AlfonsÃÆ'n successfully passed the divorce law (UU 23515), following the Supreme Court ruling. The new law also regulates gender equality between wife and husband.
The new Civil and Commercial Code , modernizing family law and simplifying the divorce, took effect in August 2015.
Maps Divorce law by country
Australia
Australia's law on divorce and other family law issues was overhauled in 1975 with the enactment of the Family Law Act of 1975, which established a no-fault divorce in Australia. Since 1975, the only basis for divorce is the irrevocable marriage details, as evidenced by the twelve-month splits. However, the remaining "error" elements remain in relation to child custody and property settlement issues.
Belgium
See Divorce in Belgium
Brazil
Presumably because of the influence of the Roman Catholic Church, the divorce became lawful in Brazil only in 1977. Since January 2007, the Brazilian couple may seek divorce in the notary's office if the spouse has no property problems and has no small children or special needs. The divorcees simply need to show their national ID, marriage certificate, and pay a fee to start the process, which is completed in two or three weeks. However, as usual in other interaction areas with the Brazilian government, the expert agency (despachante ), paid, accelerated the process, and brief intervention from lawyers, to complete the document, Required.
The 66th amendment of the Brazilian Constitution, passed in 2010, removes the preceding requirement of a one-year separation before a divorce can occur.
Bulgarian
In Bulgaria, the new Family Code came into force in 2009, modernizing family law. Divorce can be obtained in two ways:
- with mutual consent. (Article 50) In this case, both partners agree to a divorce; and the court recognizes the divorce without finding a reason for it
- at the request of one partner if "the marriage is so deep and incurable". (Article 49) The Court only declares itself to a partner's 'fault' if this has been specifically requested by one partner.
Canada
Canada did not have a federal divorce law until 1968. Prior to that time, the process for divorce varied from one province to another. In Newfoundland and Quebec, it is necessary to obtain a private Parliament Act to end marriage. Most other provinces include the British Matrimonial Causes Act of 1857 which allows a husband to divorce on the grounds of his wife's adultery and a wife to get one only if he determines that her husband is doing one of a list of specific sexual behaviors but not only adultery. Some provinces have laws allowing couples to divorce on the grounds of adultery.
The 1968 federal Divorce Act of 1968 standardized divorce laws in Canada and introduced the concept of the no-fault of permanent marriage details as the basis for divorce and the basis of errors including adultery, cruelty and desertion.
In Canada, while civil and political rights are in the jurisdiction of the province, the Canadian Constitution specifically makes marriages and divorces the sphere of the federal government. Essentially this means that Canadian divorce laws are uniform across Canada, even in Quebec, which differs from other provinces in their use from civil law as codified in the Quebec Civil Code as opposed to general law applicable in other countries. provinces and generally interpreted in the same way throughout the Anglo-Canadian province. However, the law for the division of property and debt is within the jurisdiction of each province or territory, creating a structure in which provincial and federal laws will apply in most divorce claims.
The Canadian Divorce Act recognizes divorce only on the grounds of marital destruction. The details can only be established if one of three reasons: adultery, cruelty, and separated for one year. Most divorces take place on the basis of couples separated for a year, even if there is cruelty or adultery.
The one-year separation period starts from the time at least one couple wants to live apart and separate from others and act on it. Couples do not need a court order to be separated, as there is no such thing as "legal separation" in Canada.
Couples can even be considered "separate" even if they live in the same place. Either the couple may file for divorce in a province where the husband or wife has lived for at least a year.
On September 13, 2004, the Ontario Court of Appeal declared part of the Divorce Act is also unconstitutional to exclude same-sex marriage, which at the time of the decision was recognized in three provinces and one region. He ordered same-sex marriage to read the act, allowing plaintiffs, lesbian couples, to divorce.
British Columbia
While the overall law is standard at the federal level, each province has its own act of determining the rules for the distribution of property and debt, as well as its own procedures for obtaining orders through the courts. In British Columbia, the Family Law Act covers the division of property and debt between divorced spouses. The British Columbia Supreme Court ruling provides for contested procedures, in which parties disagree with terms, and for unexcelled divorce (also called divorce table orders) through a simplified procedure designed for couples who agree on term for divorce orders and other help. To obtain a divorce order, the court must be confident that:
- marriage is legally present,
- at least one of the parties has been a regular resident in British Columbia for at least a year before the process begins,
- the basis on which the marriage resolution in the claim has been proven, and,
- if there are children, a sufficient amount of child support has been paid.
Alberta
In Alberta, the Family Law Act provides clear guidelines to family members, lawyers and judges on the rights and responsibilities of family members. That does not include divorce, and things involving family property, and child protection issues. Family Laws replace the Household Law, Maintenance Order Law, Percentage and Maintenance Act, and sections of the Provincial Court Law and Child Enhancement, Youth and Family Law.
Family Law Law can be viewed and printed from the Queen Alberta Printer website. [3]
One goes to the Queen's Court of Bench of Alberta to obtain a parental declaration for all purposes if a person has property to share or be protected by a court and/or for the declaration of non-conformity.
Separation
There is no such thing as legal separation in Canada. Sometimes, when people say they are legally separated, they mean that they have signed a legally binding agreement, sometimes called Separation Agreement, Divorce Agreement, Human Rights, Access and Property Agreement, or Treaty of Settlement. This type of agreement is usually prepared by lawyers, signed in front of witnesses, and legal advice is given to both parties signing the agreement. However, this type of agreement, in most cases, will be upheld by the court. [4]
Chile
Chile legalized the divorce in 2004, canceled the 1884 legal code. The law that legalized the divorce was called Nueva Ley de Matrimonio Civil ("New Civil Marriage Law"), and was first introduced as a bill in 1995; previously there was a previous divorce bill, but this one managed to secure enough conservative and liberal support to pass. Under the new law, couples must be separated for one year before divorcing if divisions are reciprocated, and three years if the split is not mutually beneficial.
Four marital statuses in Chile are married, separated, divorced, and widowed (er). Only divorce status and widow (er) allow a new marriage. Prior to the legalization of the divorce, the only way to leave the marriage was to obtain a civil cancellation, and the cancellation was only given by notifying the civil registrar that the couple had lied in some way concerning the marriage certificate, thereby canceling the marriage contract.
French
The French Civil Code (modified on 1 January 2005), allows divorce for 4 different reasons; mutual consent (covering more than 60% of all divorces); reception; 2 years separation; and because of a partner's 'mistake' (counting most of the other 40%). The first French divorce law was passed on 20 September 1792, during the French Revolution. It was later modified in 1793 and 1794, and finally incorporated in the Civil Code It was repealed on May 8, 1816, mainly due to the Catholic church, after the restoration of the Bourbon kings. The divorce was re-established by law on July 27, 1884.
Greek
In Greece, marriage and divorce rules had undergone major changes in 1982 and 1983, when civil marriage was introduced; and family law is modified to ensure gender equality.
Divorce in Greece can be obtained for several reasons:
- divorce with mutual consent (both partners must agree)
- the divorce on the grounds that the marriage has been very weak for reasons that may be alleged to both the defendant or both spouses makes the continuation of the marriage unbearable for the applicant
- divorce on the basis of the 2-year split (Article 14 of Law 3719/2008 reduces the separation period from 4 years to 2 years)
India
In the marriage of the Hindu religion is a sacrament and not a contract, then the divorce was not recognized before the codification of Hindu Marriage Law in 1955. By codifying this law, men and women are equally entitled to seek divorce. Hindus, Buddhists, Sikhs and Jains ruled by the Hindu Wedding Act of 1955, Christians were ruled by the Divorce Act of 1869, Persian by the Parsi Marriage and Divorce Act 1936, by Muslim Dissolution of the Muslim Marriage Act of 1939 and interfaith marriages governed by The Special Marriage Act 1954.
Conditions are set for marriage between men and women with these laws. Based on this a marriage is validated, otherwise it is referred to as a voidable marriage or a voidable marriage on the choice of one's spouse. Here at the time of petition by one of the pair before the Court of law a decision of zero shall be ratified declaring the marriage as null and void.
Legal marriages may be dissolved by decree of marriage or divorce dissolution and the Hindu Marriage, Divorce and Custom Marriage Act permit such decisions only on certain grounds as set forth in these acts: cruelty, adultery, desertion, apostasy from Hinduism, impotence, venereal disease, leprosy, joining a religious order, not hearing life for seven years, or a collective agreement in which there is no reason to be given. As each case is different, the court's interpretation of applicable law will evolve and have narrowed or expanded its scope.
The Family Court was established to file, hear, and dispose of such cases.
ireland
Under the Irish Constitution adopted in 1937, there is a bar in every law governing the dissolution of marriage. The amendment to allow divorce under certain circumstances was rejected by 63.5% against in a referendum in 1986. However, in 1995, a second amendment was approved by a referendum with 50.3% in favor to allow divorce in circumstances where the couple had been separated for four of five years earlier, and the right provision is made for couples and children. Divorce laws are governed by the Family Law (Divorce) Act 1996. It is possible to be considered apart when living under one roof.
Divorce gained outside of Ireland is only recognized by the State if:
- at least one of them is domiciled within the jurisdiction that issues the divorce decision at the time of issue, or
- the state is required to recognize the divorce in accordance with relevant EU regulations - currently Council Regulation (EC) No 2201/2003 on jurisdiction and recognition and enforcement of judgments in matters of marriage and issues of parent responsibility .
Italy
Divorce was introduced in Italy by law December 1, 1970 (several times amended until 2015). An abrogative referendum supported by Catholic organizations and by the Vatican was defeated on May 12, 1974. Constitutional issues were also raised regarding Italy's obligations under the Lateran Treaty, signed in 1929, on whether it forbids Italy to legalize divorce. Prior to 1970, there was no provision for divorce in Italian law, and the difficulty of ridding yourself of unwanted spouses in the absence of a legal way to do so was a topic of frequent drama and humor, reaching apotheosis in the 1961 film Divorce, Italian Style .
In Italy, almost all divorces are granted on the basis of legal separation. In 2015, the period of separation of the law required for divorce is reduced to one year if the case is contested and six months in the case of consensus separation (from the previous three years), since the spouse's comparison at the first session in the separation procedure or from separation agreement. Decision of separation can be given when there are facts that will make the continuation of marriage life can not be tolerated or have a serious and damaging impact on the care of children. Separation can also be granted with mutual consent. Separation by mutual consent and divorce are not denied also possible without judicial procedures.
Divorce can be granted without prior legal separation only in very rare cases (eg, final criminal convictions, cancellations or divorce earned abroad by foreign spouses, unauthorized marriage, sex change).
Japanese
In Japan, there are four types of divorce: Divorce with Joint Approval, Divorce by Family Court Mediation, Divorce by Family Court, and Divorce by the District Court.
A divorce by mutual agreement is a simple process to send a statement to the relevant government office that says both partners agree to a divorce. This form is often called "Green Form" because of the vast green ribbon at the top. If both sides fail to reach agreement on the condition of Divorce With Collective Agreement, such as child custody to be determined on the divorce form, then they must use one of three other types of divorce. Foreign divorce can also be registered in Japan with appropriate court documents to the local city hall along with a copy of the Family Registration from a former Japanese partner. If an international divorce includes custody with children, it is important for foreign parents to register it, because joint custody is illegal in Japan. Parents to register a divorce can thus be given sole custody of the child in accordance with Japanese law.
Divorce with Joint Approval in Japan differs from divorce in many other countries, making it not recognized by all countries. This does not require oversight by the courts intended in many countries to ensure a fair dispersal for both parties. Furthermore, it is not always possible to verify the identity of non-Japanese couples in cases of international divorce. This is because of two facts. First, both partners should not be present when submitting the divorce form to the government office. Secondly, Japanese citizens must certify divorce forms using personal stamps (hanko), and Japan has a legal mechanism for registration of personal stamps. On the other hand, non-Japanese nationals may authorize a divorce form with a signature. But there is no legal registration for signatures, making counterfeit signatures of non-Japanese couples difficult to prevent, and impossible to prevent without carefulness. The only defense against such forgery is, before the forgery occurs, to submit another form to prevent the divorce form being legally accepted by the government office altogether. This form should be updated every six months.
Malta
Although civil marriage was introduced in 1975, no provision was made for divorce except for the recognition of divorce granted by a foreign court. The legislation introducing divorce came into effect in October 2011 after the results of the referendum on the subject at the beginning of the year. This provides for an improper divorce, with marriages dissolved by Court ruling after the request of either party, provided the spouse has lived apart for at least four years from the previous five years and adequate allowances are being paid or guaranteed. The same law makes a number of important changes regarding benefits, especially through extensions to children born to marriages who are still in full-time education or disability and through benefit protection even after the Court announces a divorce.
Norway
See Divorce in Norway
Philippines
Philippine law does not regulate divorce in the country, and remains the only UN member state without legal provisions for divorce. The only exception is with regard to Muslims, who are allowed to divorce under certain circumstances according to their religion. For the majority of non-Muslims, the law only allows for the cancellation of marriage.
The Philippine Civil Code states that it binds Filipino citizens, even if living abroad. If a Filipino married personally obtains a divorce outside the Philippines, the divorce will not be recognized in the Philippines. This can lead to complications when the Philippines is divorced outside the Philippines.
Where a non-Filipino is married to a Filipino citizen and divorce is obtained abroad by a non-Filipino couple, Filipino couples may remarry under Philippine law, even if non-Filipino couples gain foreign citizenship after marriage.
The cancellation process is very complicated and expensive, costing around 100,000-200,000, which is about a year's salary for ordinary Filipinos.
According to a survey conducted in 2017 by Social Weather Stations (SWS), 53% of Filipinos agree to legalize divorce, while 32% support it.
On March 20, 2018, a bill allowing divorce to pass through the 3rd and final stage, will soon allow for a divorce in the Philippines.
Polish
See Divorce in Poland
Portugal
Portuguese divorce law was amended in October 2008, liberalizing the process. Divorce can be obtained by mutual consent; or, at the request of one spouse, if any of the following reasons: 1) separation for one year; 2) Any change in the mental abilities of other couples when this has been going on for more than a year due to its seriousness, it jeopardizes the possibility of living together; 3) The absence of a spouse without news for a period of more than one year; 4) Other facts that reveal the definitive details of marriage (eg domestic violence). The new law of 2008 abolished the concept of 'wrong' law (divÃÆ'³rcio-sanÃÆ'§ÃÆ' £ o).
Portugal allows two persons to file for an electronic divorce, to file an electronic request for an unfair collaborative divorce in a non-judicial administrative entity. In certain cases, without children, real property, benefits, or public address, it can be a decree as a summary in an hour.
South Africa
The law of divorce in South Africa was codified in the Divorce Act, 1979. The law regulates anonymous divorce on the basis of irreversible details of marriage relationships. The court may receive the relevant evidence, but the law specifically mentions a year of separation, adultery, and customary crime as factors that can prove irreversible damages. Divorce can also be obtained on the basis of a mental illness that can not be cured for two years, or a continuing unconsciousness for six months.
Cases of divorce are heard in the High Court or, since 2010, in the local civil courts courts. The court has jurisdiction to hear the divorce if one of the spouses is legally domiciled within the jurisdiction of the court's geographical, or if the second spouse is "ordinary resident" (ie normally resident in) jurisdiction and has been a regular resident in South Africa for at least one year.
Divorce of same-sex couples is subject to the same laws as divorce of the opposite sex. Divorce for marriage under customary law is also subject to civil law, with certain modifications to explain the fact that indigenous marriages can become polygynous.
If the divorce has children, it is necessary to draw up a parenting plan that must be signed by a family advocate.
Swedish
To divorce in Sweden, a spouse may file for divorce or one party may file for himself. If they have children under 16 who live at home or one party does not want to divorce, there is a period of reflection that is required for 6 to 12 months. During this period they remain married and requests must be confirmed after the waiting period for divorce to pass.
United Kingdom
England and Wales
Scotland
United States
Divorce in the United States is a state problem rather than a federal law. However, in recent years, more and more federal laws have been imposed affecting the rights and responsibilities of the divorcing spouse. The law of the country (s) of residence at the time of divorce; all countries recognize divorce given by other countries through the principle of respect, enshrined in Article IV of the US Constitution. All countries have a minimum stay in the state. Typically, a district court family division judges a petition for marriage dissolution.
Before the last decades of the 20th century, couples seeking divorce should point out the cause and may not even be able to obtain a divorce. The legality of uncorrupted divorce in the United States began in 1969 in California, under a law signed by then Governor Ronald Reagan and completed in 2010, with New York becoming the last state of fifty states to legalize it. However, some states still require some waiting time before divorce, usually 1 to 2 years separation. Fault, where available, is sometimes still searched. This can be done where it reduces the waiting time required, or perhaps in the hope of influencing decisions related to divorce, such as child custody, child support, marital assets sharing, or benefits. Since the mid-1990s, some states have enacted treaty marriage laws, which allow couples to voluntarily make divorces more difficult for them than in uncorrect divorce acts.
Mediation is a growing way to solve divorce problems. These tend to be less hostile (very important to children), more personal, less expensive, and faster than traditional litigation. Similar in concept, but with more support from mediation, is a collaborative divorce, in which both parties are represented by lawyers but are committed to negotiating a settlement without engaging in litigation. Some believe that mediation may not be appropriate for all relationships, especially those that include physical or emotional abuse, or power imbalances and financial knowledge of the parties.
Countries vary in their rules for the distribution of assets. Some states are "belonging to the community" state, others are "fair distribution" states, and others have a second element. Most "community-owned" countries begin with the assumption that community assets will be equally shared, whereas "fair distribution" suggests that justice presupposes dictate more or less than half the assets will be given to one spouse or the other. Generally, assets acquired before marriage are considered to be the property of the individual and not the marital property. and assets acquired after, marriage. Efforts are made to ensure the welfare of small children in general through their dependence. Benefits, also known as "maintenance" or "spousal support", are still given in many cases, especially in long-term marriages.
Decisions of divorce will generally not be granted until all questions regarding child care and custody, the sharing of assets and assets, and ongoing financial support are completed.
Due to the complex or heavy requirements of aqqdivorce in many places, some people seek divorce from other jurisdictions that have easier and faster processes. Most of these places are often referred to negatively as "divorce factories." Reno, Nevada for many years is an iconic example of the US divorce plant.
When people from different countries get married, and one or both then choose to live in another country, divorce procedures can become more complicated. Although most countries make divorce possible, the form of settlement or agreement after divorce may be very different depending on where the divorce occurs.
In some countries there may be a bias toward men regarding property settlements, and in some countries there may be biases against women regarding children's property and custody. One or both parties may seek to divorce in a country with jurisdiction over them. There will usually be a residence requirement in the country where the divorce occurs. See also Divorce acquired by US partners in other countries or jurisdictions for more information, as applicable globally. In the case of disputed custody, almost all lawyers would strongly advise following the jurisdiction applicable to the dispute, ie the state or country of residence of the spouse. Even if not debated, the couple may then deny it and potentially invalidate another court of jurisdiction.
Some of the more important aspects of divorce law involve provisions for every child involved in marriage, and problems may arise due to child abduction by one parent, or restriction of contact rights for children. For legal issues conflicts, see divorce (conflict).
Courts in the United States today recognize two types of divorce: an absolute divorce, known as "divorce a vinculo matrimonii", and a limited divorce, known as "divorce a menso et thoro".
References
Further reading
- Amato, Paul R. and Alan Booth. Generation at Risk: Growing in the Upheaval Family Era. (Harvard University Press, 1997) ISBNÃ, 0-674-29283-9 and ISBNÃ, 0-674-00398-5. Reviews and information on [5]
- Gallagher, Maggie. The Abolition of Marriage (Publishing Regnery, 1996) ISBN 0-89526-464-1.
- Lester, David. "Time Series Versus Correlation Regional Level of Personal Violence." Death Study 1993: 529-534.
- McLanahan, Sara, and Gary Sandefur. Growing with Single Parent; What Hurts, What Helps . (Cambridge: Harvard University Press, 1994: 82)
- Morowitz, Harold J. Hiding in the Hammond Report (Hospital Practice August 1975; 39)
- Stansbury, Carlton D. and Kate A. Neugent Is Haugan's decision functionally outdated? (Wisconsin Law Journal, Feb. 18, 2008)
- National Statistics Office (UK). Death Statistics: Childhood, Infant and Perinatal Reviews from the General Registrar on Deaths in England and Wales, 2000, Series DH3 33, 2002.
- US. Census Bureau. Marriage and Divorce . General US survey information. [6]
- US. Department of Health and Human Services. Divorce Survey [7] (outdated link).
Source of the article : Wikipedia
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