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Divorce Law
This article is a general overview of divorce laws around the world. Every nation in the world allows its residents to divorce under some conditions except the Philippines (though Muslims in the Philippines have the right to divorce) and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages. Summary table Muslim societies In the Muslim world, legislation concerning divorce varies from country to country. Different Muslim scholars can have slightly differing interpretations of divorce in Islam. No-fault divorce is allowed in Muslim societies, although normally only with the consent of the husband (talaq). If the wife wants to divorce (khul'), she must go to a court, providing evidence of her husband's ill-treatment, his inability to sustain her financially, his sexual impotence, or her dislike of his looks. The husband may be given time to fix the problem, but if he fails ...
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Khul'
Khulʿ ( ar, خلع), also called khula, is a procedure through which a woman can give a divorce to her husband in Islam, by returning the dower (''mahr'') or something else that she received from her husband or without returning anything, as agreed by the spouses or Qadi’s (court) decree depending on the circumstances. Based on traditional fiqh, and referenced in the Qur'an and hadith, khul' allows a woman to initiate a divorce. In terms, breaking the marriage relationship with the wife's willingness to pay iwald (compensation) to the owner of the contract, namely the husband. Origins in texts Qur'an From the "Sahih International" translation of the Qur'an. Divorce is twice. Then, either keep erin an acceptable manner or release erwith good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep ithinthe limits of Allah. But if you fear that they will not keep ithinthe limits of Allah, then ...
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Divorce Laws
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws Divorce law by country, vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple ma ...
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Mala Htun
Mala Htun is an American political scientist, currently a professor of political science at the University of New Mexico. Htun studies comparative politics, particularly women's rights and the politics of race and ethnicity with a focus on Latin America. Education and early career Htun studied International Relations at Stanford University, graduating with an AB in 1991. She then studied political science at Harvard University, obtaining an AM in 1996 and a PhD in 2000. Htun's PhD dissertation, ''Private Lives, Public Policies: Divorce, Abortion, and Family Equality in Latin America'', won the Best Dissertation Prize from the Women and Politics section of the American Political Science Association. From 2000 until 2011, Htun was a professor of political science at the New School for Social Research and Eugene Lang College. During this time she was also a 2002-2003 Fellow of the Radcliffe Institute for Advanced Study at Harvard University, a 2004 Fellow at the Kellogg Institute fo ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Divorce Act (Canada)
The ''Divorce Act'' (french: Loi sur le divorce) is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce. History of divorce law in Canada Pre-Confederation divorce laws There was no uniform federal divorce law in Canada until 1968. Instead, there was a patch-work of divorce laws in the different provinces, depending on the laws in force in each province at the time it joined Confederation: * In the three Maritime provinces, divorce was governed by laws enacted by the colonial governments prior to Confederation in 1867 (in Nova Scotia from 1758, in New Brunswick from 1791, and in Prince Edward Island from 1833); * In the three prairie provinces and the northern territories, divorce was available under the English ''Matrimonial Causes Act 1857'', which was incorporated into their local law in 1870 under the terms of the ''Rupert's Land Act 1868''; * In 1867, the ...
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Matrimonial Causes Act 1857
The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878. Background Before the Act, divorce was governed by the ecclesiastical Court of Arches and the canon law of the Church of England. As such, it was not administered by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings.Squibb (1977) ''pp'' 104–105 Divorce allowing remarriage was ''de facto'' restricted to the very wealthy, as it demanded either a complex annulment process or a priv ...
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Bulgaria
Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedonia to the west, Greece and Turkey to the south, and the Black Sea to the east. Bulgaria covers a territory of , and is the sixteenth-largest country in Europe. Sofia is the nation's capital and largest city; other major cities are Plovdiv, Varna and Burgas. One of the earliest societies in the lands of modern-day Bulgaria was the Neolithic Karanovo culture, which dates back to 6,500 BC. In the 6th to 3rd century BC the region was a battleground for ancient Thracians, Persians, Celts and Macedonians; stability came when the Roman Empire conquered the region in AD 45. After the Roman state splintered, tribal invasions in the region resumed. Around the 6th century, these territories were settled by the early Slavs. The Bulgars, led by Asp ...
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Notary
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is distinct from an advocate in that they do not represent the person who engages their services, or act in contentious matters. The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373. Overview Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including Deed, deeds, Affidavit, affidavits, Contract, contracts, and Power of attorney, powers of attorney are very common documents needing notarization. Code of Hammurabi#Laws, Code of Hammurabi Law 122 (c. 1755 ...
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Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area and the seventh most populous. Its capital is Brasília, and its most populous city is São Paulo. The federation is composed of the union of the 26 States of Brazil, states and the Federal District (Brazil), Federal District. It is the largest country to have Portuguese language, Portuguese as an List of territorial entities where Portuguese is an official language, official language and the only one in the Americas; one of the most Multiculturalism, multicultural and ethnically diverse nations, due to over a century of mass Immigration to Brazil, immigration from around the world; and the most populous Catholic Church by country, Roman Catholic-majority country. Bounded by the Atlantic Ocean on the east, Brazil has a Coastline of Brazi ...
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Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization.O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is th ...
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Divorce In Belgium
Divorce in Belgium occurs at a higher rate than in most other European countries. The divorce law in Belgium underwent major modifications in 2007. The new law came into force in September 2007. Law Tile VI. - About divorce (TITRE VI. - DU DIVORCE) defines the grounds for divorce. There are several types of divorce: *divorce by mutual consent: spouses must be in agreement about everything (not only on the divorce itself but also on other aspects, such property division etc) *divorce citing irreconcilable differences: this can be obtained on several grounds **having lived separate and apart for one year **by repeated legal declaration in front of the Tribunal at one year interval **having lived separate and apart for six months, if both spouses agree **by repeated legal declaration in front of the Tribunal at three months interval, if both spouses agree **by proving that there exist factors which make it impossible to continue life in common History Divorce was allowed in the 19th ...
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Property Settlement
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree. Distribution of property is the division, due to a death or the dissolution of a marriage, of property which was owned by the deceased, or acquired during the course of the marriage. United Kingdom law In England & Wales, partners in or out of marriage can agree how the joint and severally hold assets will be divided without the intervention of the courts. Where agreement cannot be reached, the courts may be asked to determine a fair and equitable division. The case of Miller v Miller gave the wife a considerable proportion of the husband's recent gains resulting from dealings in the City even though the marriage was short lived. United States law In ''Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)'', the court described equitable distribution of ...
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