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This article is a general overview of
divorce 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 th ...
laws around the world. Every nation in the world allows its residents to divorce under some conditions except the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
(though Muslims in the Philippines have the right to divorce) and the
Vatican City Vatican City (), officially the Vatican City State ( it, Stato della Città del Vaticano; la, Status Civitatis Vaticanae),—' * german: Vatikanstadt, cf. '—' (in Austria: ') * pl, Miasto Watykańskie, cf. '—' * pt, Cidade do Vati ...
, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow
annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
of marriages.


Summary table


Muslim societies

In the
Muslim world The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. I ...
, 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' 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, a ...
), 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, the judge will grant the divorce.


Argentina

In
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
, the legalisation of divorce was the result of a struggle between different governments and conservative groups, mostly connected to the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
. In 1888, Law 2,393 established that marriage and divorce in Argentina would be controlled by the State, not the Church. The law allowed for separation of the spouses by judicial order on the grounds of adultery, insults, violence, or desertion, but did not allow for dissolution of marriage. Only in 1954, President
Juan Domingo Perón ''Juan'' is a given name, the Spanish and Manx versions of ''John''. It is very common in Spain and in other Spanish-speaking communities around the world and in the Philippines, and also (pronounced differently) in the Isle of Man. In Spanish, ...
had Law 14,394 passed over the objections of the Catholic Church. For the first time in the country, marriages could be ended and divorcees could remarry. But Perón was forced out of the presidency one year later by a
military coup A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, and the government that succeeded him abolished the law. From 1968 onwards, couples could legally separate without proving fault, but marriages still could not be dissolved. Finally, in 1987, President Raúl Alfonsín was successful in passing the divorce law (Law 23,515), following a ruling of the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. The new law also provided for
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
between the wife and husband. A new ''Civil and Commercial Code'', modernizing
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
and simplifying divorce, came into force in August 2015.


Australia

Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the
Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
, which established no-fault divorce in Australia. Since 1975, the only ground for divorce is the irretrievable breakdown of the marriage, evidenced by a twelve-month separation. However, a residual "fault" element remains in relation to
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
and property settlement issues.


Belgium

See Divorce in Belgium


Brazil

Presumably, due to the influence of the
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 ...
, divorce became legal in
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 ...
only in 1977. Since January 2007, Brazilian couples can request a divorce at a notary's office if they have no disputed property and no minor or special-needs children. The couple need only present their national IDs and marriage certificate, and pay a fee to initiate the process, which is completed in two or three weeks. However, as is common in other areas of interaction with the government in Brazil, an expert agent (''despachante''), expedites the process, and finalization of the documents by a lawyer is required. The 66th amendment to Brazil's Constitution, passed in 2010, removed the prior requirement of one year's separation before a divorce could take place.


Bulgaria

In
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 Macedo ...
, a new Family Code came into effect in 2009, modernizing family law. Divorce can be obtained by two means: * by mutual consent. (Article 50) In this case, both spouses agree to divorce; and the court admits the divorce without searching for the reasons for it * at the request of either spouse if "the matrimony is deeply and irretrievably dissolved". (Article 49) The court only pronounces itself on the 'fault' of the spouse(s) if this has been specifically requested by one of the spouses.


Canada

Canada did not have a federal divorce law until 1968. Before that time, the process of getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament to end a marriage. Most other provinces incorporated the English "Matrimonial Causes Act" of 1857 which allowed a husband to get a divorce on the grounds of his wife's adultery, and a wife to get one only if she established that her husband committed adultery ''and'' another listed behavior, but not simply adultery. This rule applied in those provinces that had adopted the English Act. In 1925, Parliament provided that in those provinces, a wife could sue on grounds of adultery alone. In Ontario, divorce was not permitted until 1930. The federal '' Divorce Act'' of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based grounds including adultery, cruelty and desertion. In 1986, Parliament replaced the ''Act'', which simplified the law of divorce further. In
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 to ...
, while
civil and political rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
are in the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
of the
provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
, the
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
specifically made marriage and divorce the realm of the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
. Essentially this means that Canada's divorce law is uniform throughout Canada, even in
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
, which differs from the other provinces in its use of the civil law as codified in the
Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' (french: Code civil du Ba ...
as opposed to the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces. The law for division of property and debt, however, is within the jurisdiction of each province or territory, creating a structure where both provincial and federal laws will apply in the majority of divorce claims. The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. The breakdown can only be established if one of three grounds hold:
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
, cruelty, and being separated for one year. Most divorces proceed based on the spouses being separated for one year, even if there has been cruelty or adultery. The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated, since there is no such thing as a "
legal separation Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is gra ...
" in Canada. A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year. On September 13, 2004, the
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s, which at the time of the decision were recognized in three provinces and one territory. It ordered same-sex marriages read into that act, permitting the plaintiffs, a
lesbian A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
couple, to divorce.


British Columbia

While the overall law is standard at the federal level, each province has its own act determining the rules for the division of property and debt, as well as its own procedure for obtaining an order through the courts. In British Columbia, the
Family Law Act
' covers the division of property and debt between divorcing spouses. The rules of the
Supreme Court of British Columbia Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motow ...
provide for contested procedures, where parties do not agree on terms, and for uncontested divorces (also called ''desk order divorces'') through streamlined procedures designed for spouses who agree on the terms for divorce orders and other relief. To get a divorce order, the court must be satisfied that: *the marriage legally exists, *at least one of the parties has been ordinarily resident in British Columbia for at least one year before the proceeding began, *the ground on which marriage breakdown in claimed has been proven, and, *if there are children, an adequate amount of child support is being paid.


Alberta

In Alberta, The Family Law Act gives clear guidelines to family members, lawyers and judges about the rights and responsibilities of family members. It does not cover divorce, and matters involving family property, and child protection matters. The Family Law Act replaces the Domestic Relations Act, the Maintenance Order Act, the Parentage and Maintenance Act, and parts of the Provincial Court Act and the Child, Youth and Family Enhancement Act. The Family Law Act can be viewed and printed from the Alberta Queen's Printer websit

One goes to the
Court of Queen's Bench of Alberta The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary wa ...
to obtain a declaration of parentage for all purposes if someone has the property to be divided or protected court and or for a declaration of irreconcilability.


Separation

There is no such thing as legal separation in Canada. Sometimes, when people say they are legally separated, they mean that they have entered into a legally binding agreement, sometimes called a Separation Agreement, a Divorce Agreement, a Custody, Access and Property Agreement, or a Minutes of Settlement. These types of agreements are usually prepared by lawyers, signed in front of witnesses, and legal advice is given to both parties signing the agreement. However, these types of agreements will, in most cases, be upheld by the courts


Chile

Chile legalized
divorce 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 th ...
in 2004, overturning an 1884 legal code. The law that legalized divorce is called the ''Nueva Ley de Matrimonio Civil'' ("New Civil Marriage Law"), and was first introduced as a Bill (proposed law), bill in 1995; there had been previous divorce bills before, but this one managed to secure enough conservative and liberal support to pass. Under the new law, couples must be separated for a year before divorcing if the split is mutual, and three years if the split is not mutual. The four marital statuses that exist within Chile are married, separated, divorced, and widow(er). Only the divorced and widow(er) statuses allow a new marriage. Before the legalization of divorce, the only way to leave a marriage was to obtain a civil
annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
, and annulments were only granted by telling the civil registrar that the spouse had lied in some way concerning the marriage license, thereby voiding the marriage contract.


China

In China, divorce law is the fourth chapter of
Marriage Law Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act. Summary table Rights and obligations A marriage, by definition, bestows ...
which has been firstly passed since 1950. Divorce could not be sought by women before the law. The law ensures the freedom of marriage (to marry and to divorce) and prevents others' interference. Generally speaking, there are two methods to ask for a divorce: # If a couple is willing to divorce, they can go to the government office of civil affairs for divorce registration. The agency will issue a divorce certificate when it ensures that both spouses are indeed voluntary and have properly dealt with the children and property issues. # If only one of the two spouses requests the divorce, the spouse can accept mediation from the relevant department or sue for a divorce. In most cases, the court would offer mediation before the trial; if the relationship has indeed broken and the mediation is invalid, the court would grant the request. In any of the following circumstances, then divorce should also be granted: (1) bigamy (2) domestic violence or abuse, or abandonment of family members (3) long-term gambling, drug, etc. (4) separation for more than two years (5) other factors that might break the relationship. The arrangement of children and property is based on the consent of two parties. However, the relationship between children and parents is not broken down by the divorce, which means both parents have the right and obligation to raise and educate the children. One special characteristic of divorce in China is the process of mediation. This justice process is influenced by both Western modernism and Chinese tradition. Mediated reconciliation is an important process in Chinese justice systems. Before 1990, courts dealt with 80% of civil cases through mediation instead of adjudication. However, in recent research, it turns out the courts have shifted from mediation to adjudication as handling divorce cases after reforms of the Chinese judiciary in the 1990s, and more effective and systematical approach has been restricted by Marriage Law. Additionally, divorce reform strictly defined domestic violence and expanded forms of matrimonial assets. These substantially protect the property rights of women after divorce and empower women in the family, which is also shown by a less skewed child sex ratio.


Czech Republic

The Czech Civil Code (No. 89/2012 Coll.) provides for two types of divorce: amicable and contentious. An amicable divorce is done by a court judgement that approves a divorce agreement between the parties. Several preconditions must be met: the marriage must have lasted for at least a year and the couple does not form a family unit for at least six months. The parties need to reach also agreement on post-divorce child care, division of common property, housing and possibly alimony. The contentious divorce takes place when the parties cannot reach an agreement. If there are underage children, the court may divorce the marriage only after first deciding on future care for the children.


France

The French
Civil code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
(modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent; acceptance; separation of one year; and due to the 'fault' of one partner. The first French divorce law was passed on 20 September 1792, during the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are conside ...
. It was subsequently modified in 1793 and 1794, and eventually incorporated in the
Civil code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
It was repealed on 8 May 1816, at the instigation mainly of the Catholic church, after the restoration of the Bourbon kings. Divorce was reestablished by law on 27 July 1884.


Greece

In
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders wi ...
, marriage and divorce regulations have undergone major changes in 1982 and 1983, when
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
was introduced; and the family law was modified to ensure
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
. Divorce in Greece can be obtained on several grounds: * divorce by mutual consent (both spouses must agree) * divorce on the ground that the marriage has been strongly impaired due to reasons that can be imputed either to the defendant or both spouses, making the continuation of the marriage unbearable for the petitioner * divorce on the ground of separation of 2 years (Article 14 of Law 3719/2008 reduced the separation period from 4 years to 2 years)


India

In the Hindu religion, marriage is a sacrament and not a contract, hence divorce was not recognized before the codification of the
Hindu Marriage Act The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hind ...
in 1955. With the codification of this law, men and women both are equally eligible to seek divorce. Hindus, Buddhists, Sikhs, and Jains are governed by the Hindu Marriage Act 1955, Christians are governed by The Divorce Act 1869, Parsis by the Parsi Marriage and Divorce Act 1936, Muslims by the
Dissolution of Muslim Marriages Act, 1939 The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce. Its title and content refer to The Muslim Personal Law (Shariat) Application Act, 1937, which deals with marriage, successio ...
and Inter-religious marriages are governed by The Special Marriage Act 1954. Conditions are laid down to perform a marriage between a man and a woman by these laws. Based on these a marriage is validated, if not it is termed as void marriage or voidable marriage at the option of either of the spouses. Hereupon filing a petition by anyone spouse before the Court of law a decree of nullity is passed declaring the marriage as null and void. A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided in these acts:
cruelty Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve ...
,
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
,
desertion Desertion is the abandonment of a military duty or Military base, post without permission (a Pass (military), pass, Shore leave, liberty or Leave (U.S. military), leave) and is done with the intention of not returning. This contrasts with u ...
,
apostasy Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that ...
from
Hinduism Hinduism () is an Indian religion or '' dharma'', a religious and universal order or way of life by which followers abide. As a religion, it is the world's third-largest, with over 1.2–1.35 billion followers, or 15–16% of the global p ...
,
impotency Erectile dysfunction (ED), also called impotence, is the type of sexual dysfunction in which the penis fails to become or stay erect during sexual activity. It is the most common sexual problem in men.Cunningham GR, Rosen RC. Overview of m ...
,
venereal disease Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and ora ...
,
leprosy Leprosy, also known as Hansen's disease (HD), is a long-term infection by the bacteria '' Mycobacterium leprae'' or '' Mycobacterium lepromatosis''. Infection can lead to damage of the nerves, respiratory tract, skin, and eyes. This nerve d ...
, joining a religious order, not heard of being alive for a period of seven years, or mutual consent where no reason has to be given. Since each case is different, court interpretations of the statutory law get evolved and have either narrowed or widened their scope. Family Courts are established to file, hear and dispose of such cases.


Ireland

Under the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
adopted in 1937, there had been a bar on any law providing for the dissolution of marriage. An
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
to allow divorce under specified circumstances was rejected with 63.5% against in a referendum in 1986. However, in 1995, a
second amendment The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds each ...
was approved by referendum with 50.3% in favour to allow divorce in circumstances where a couple had been separated for four out of the preceding five years, and proper provision is made for both spouses and any children. Divorce law is governed by the Family Law (Divorce) Act 1996. This law was later amended in 2019 by a further third amendment and the subsequent Family Law Act 2019. It is possible to be considered separated while living under the same roof. Divorces obtained outside Ireland are only recognised by the State if either: * at least one of the spouses was domiciled within the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
which issued the decree of divorce at the time of issue, or * the state is required to recognise the divorce according to the relevant
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. ...
s — currently ''Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility''. *Following a national referendum held on 24 May 2019 on amending Ireland's restrictive divorce laws (in force since 1995), the four-year waiting time for a divorce was removed from the constitution by a c.82% majority of voters. The legislature will be thus enabled to write into Irish law a much-reduced waiting period required to obtain a divorce. *Following the same referendum legislators will also be enabled to write into Irish law an easing of restrictions in recognising divorces obtained in other jurisdictions *In October 2019, Irish President Michael D. Higgins signed into law the Family Law Act 2019 which amended the 1996 Divorce Act by shortening the period of separation from four years to two years and reduced the waiting period, which occurs after the divorce is filed, from five years to three years. This Act became effective on 1 December 2019.


Italy

Divorce was introduced in Italy by the law of 1 December 1970 (amended several times until 2015). An abrogative
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
supported by Catholic organizations and by the Vatican was defeated on 12 May 1974. A constitutional issue had been also raised about Italy's obligations under the
Lateran Treaty The Lateran Treaty ( it, Patti Lateranensi; la, Pacta Lateranensia) was one component of the Lateran Pacts of 1929, agreements between the Kingdom of Italy under King Victor Emmanuel III of Italy and the Holy See under Pope Pius XI to settl ...
, entered into in 1929, on whether it prohibited Italy from authorizing divorce. Before 1970, there was no provision for divorce in Italian law, and the difficulty of ridding oneself of an unwanted spouse in the absence of any legal way to do so was a frequent topic of drama and humour, reaching its apotheosis in the 1961 film ''
Divorce, Italian Style ''Divorce Italian Style'' ( it, Divorzio all'italiana) is a 1961 Italian dark comedy film directed by Pietro Germi. The screenplay is by Germi, Ennio De Concini, Alfredo Giannetti, and Agenore Incrocci, based on Giovanni Arpino's novel ''Un del ...
''. In Italy, almost all divorces are granted on the ground of legal separation. Since 2015, the period of legal separation necessary for divorce is one year in the cases of contested separation and six months in the cases of consensual separation (previously, five years since 1970 and three years since 1987), since the comparison of the spouses at the first
hearing Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is audit ...
in the separation procedure or since the date of the separation agreement. A separation decree may be granted when there are facts that would render the continuation of married life intolerable or have a serious and damaging impact on the upbringing of the children. Separation may also be granted by mutual consent. Separation by mutual consent and uncontested divorce are also possible without judicial procedure. Divorce may be granted without a previous legal separation only in very rare cases (e.g. final criminal conviction, annulment or divorce obtained abroad by the foreign spouse, unconsummated marriage, sex change).


Japan

In
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
, there are four types of divorce: Divorce by Mutual Consent, Divorce by Family Court Mediation, Divorce by
Family court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plainti ...
Judgement, and Divorce by District Court Judgment. Divorce by mutual consent is a simple process of submitting a declaration to the relevant government office that says both spouses agree to divorce. This form is often called the "Green Form" due to the wide green band across the top. If both parties fail to reach an agreement on conditions of a Divorce By Mutual Consent, such as child custody which must be specified on the divorce form, then they must use one of the other three types of divorce. Foreign divorces may also be registered in Japan by bringing the appropriate court documents to the local city hall along with a copy of the Family Registration of the Japanese ex-spouse. If an international divorce includes joint custody of the children, it is important to the foreign parent to register it, because joint custody is not legal in Japan. The parent to register the divorce may thus be granted sole custody of the child according to Japanese law. Divorce by Mutual Consent in Japan differs from divorce in many other countries, causing it to not be recognized by all countries. It does not require the oversight by courts intended in many countries to ensure an equitable dissolution to both parties. Further, it is not always possible to verify the identity of the non-Japanese spouse in the case of an international divorce. This is due to two facts. First, both spouses do not have to be present when submitting the divorce form to the government office. Second, a Japanese citizen must authorize the divorce form using a personal stamp (Hanko), and Japan has a legal mechanism for the registration of personal stamps. On the other hand, a non-Japanese citizen can authorize the divorce form with a signature. But there is no such legal registry for signatures, making forgery of the signature of a non-Japanese spouse difficult to prevent at best, and impossible to prevent without foresight. The only defence against such forgery is, before the forgery occurs, to submit another form to prevent a divorce form from being legally accepted by the government office at all. This form must be renewed every six months.


Malta

Despite
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
being introduced in 1975, no provision was made for divorce except for the recognition of divorces granted by foreign courts. Legislation introducing divorce came into effect in October 2011 following the result of a referendum on the subject earlier in the year. It provides for no-fault divorce, with the marriage being dissolved through a Court judgement following the request of one of the parties, provided the couple has lived apart for at least four years out of the previous five and adequate
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
is being paid or is guaranteed. The same law made several important changes regarding alimony, notably through extending it to children born of marriage who are still in full-time education or are disabled and through protecting alimony even after the Court pronounces a divorce.


New Zealand

The Family Proceedings Act 1980 came into effect on 1 October 1981 and transferred jurisdiction for divorce proceedings from the High Court to the newly created Family Court. From that date, the term used was no longer divorce but the dissolution of marriage or civil union. Application is made to the Family Court for dissolution on the grounds that the marriage or civil union has broken down irreconcilably and the spouses have been separated for two years or more. The application may be made jointly or by either party.


Norway


Philippines

Philippine law does not provide for divorce inside the country since 1954, and it remains the only UN member state without legal provision for divorce. The only exception is concerning
Muslims Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
, who are allowed to divorce in certain circumstances according to their religion. For the majority of non-Muslims, the law only allows for
annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
of marriages. The Civil Code of the Philippines asserts that it is binding upon citizens of the Philippines, even if living abroad. If a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognised inside the Philippines. This can lead to complications when Filipinos divorce outside the Philippines. Where a non-Filipino is married to a Filipino citizen and a divorce is obtained abroad by the non-Filipino spouse, the Filipino spouse can remarry under Philippine law, even if the non-Filipino spouse acquired foreign citizenship after the marriage. The process of annulment is a complex and expensive one, costing around 150,000–200,000 ( US$2,800–3,700 or €2,400–3,200), which is about an average net annual salary in the Philippines. According to a survey conducted in 2017 by the Social Weather Stations (SWS), 53% of Filipinos agreed legalizing divorce, while 32% support outlawing it. Over the years, many bills have been proposed to allow divorce, for example, those by
Risa Hontiveros Ana Theresia Navarro Hontiveros-Baraquel (; born February 24, 1966) is a Filipino politician, community leader, and journalist who has been serving as a senator of the Philippines since 2016. She previously served as a party-list representa ...
, but none has passed both houses of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
; most have never even received a floor vote. President
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
is against divorce. After the 2019 Philippine elections, his party's comfortable majority has ensured divorce will not be on the agenda of the 18th Congress.


Poland

See
Divorce in Poland Divorce in Poland occurs at a rate slightly below that of the average for Europe. In the Polish legal system, divorce proceedings fall within the exclusive jurisdiction of the civil court; there is no legal basis for resolving a marriage through the ...


Portugal

Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
's divorce laws were modified in October 2008, liberalizing the process. Divorce may be obtained either by mutual consent; or, at the request of one spouse, if any of the following grounds exist: 1) separation for one year; 2) Any change in the mental faculties of the other spouse when this has lasted for more than a year because of its seriousness, it compromises the possibility of a life together; 3) Absence of one spouse without any news for a period of more than a year; 4) Any other facts that reveal a definitive breakdown of the marriage (e.g. domestic violence). The new 2008 law abolished the legal concept of 'fault' (divórcio-sanção). Portugal allows two persons to lodge an electronic divorce, to file an
electronic Electronic may refer to: *Electronics, the science of how to control electric energy in semiconductor * ''Electronics'' (magazine), a defunct American trade journal *Electronic storage, the storage of data using an electronic device *Electronic co ...
request for no-fault collaborative divorce in a non
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
administrative
entity An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually ...
. In specific cases, with no
children A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...
,
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or aff ...
,
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
, or common address, can be
decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
as
summary may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a sho ...
within one hour.


South Africa

The law of divorce in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
is codified in the Divorce Act, 1979. The law provides for no-fault divorce based on the irretrievable breakdown of the marital relationship. The courts may accept any relevant evidence, but the law specifically mentions one year's separation, adultery, and habitual criminality as factors that may prove irretrievable breakdown. A divorce may also be obtained on the grounds of incurable
mental illness A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...
for two years or continuous unconsciousness for six months. Divorce cases are heard in the
High Courts High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift ...
or, since 2010, in the regional civil magistrates' courts. A court has the jurisdiction to hear a divorce if either of the spouses is legally domiciled within the geographical jurisdiction of the court, or if either spouse is "ordinarily resident" (i.e. normally lives in) the jurisdiction and has been ordinarily resident in South Africa for at least a year.
Divorce of same-sex couples The extension of civil marriage, union, and domestic partnership rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of ...
is subject to the same law as the divorce of opposite-sex couples. Divorce for marriages under
customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...
is also subject to the civil law, with certain modifications to account for the fact that customary marriages may be
polygynous Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women. Incidence Polygyny is more widespread in Africa than in any ...
. Should the divorcees have children, it is necessary to compile a parenting plan which must be signed off by the family advocate.


Sweden

To divorce, in Sweden, the couple can file for divorce together or one party can file alone. If they have children under 16 living at home or one party does not wish to get divorced there is a required contemplation period of 6 to 12 months. During this period, they stay married and the request must be confirmed after the waiting period for the divorce to go through.


United Kingdom


England and Wales


Scotland


United States

Divorce in the United States is a matter of
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
rather than
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...
. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state through the principle of
comity In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the " mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from th ...
, enshrined in Article IV of the U.S. Constitution. All states impose a minimum time of residence in the state. Typically, a county court's family division judges petitions for the dissolution of marriages. Before the latter decades of the 20th century, a spouse seeking divorce had to show cause and even then might not be able to obtain a divorce. The legalization of no-fault divorce in the United States began in 1969 in California, under legislation signed by then-Governor
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
and was completed in 2010, with
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
being the last of the fifty states to legalize it. However, some states still require some waiting period before a divorce, typically a 1– to 2–year separation. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as a child custody, child support, division of marital assets, or
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
. Since the mid-1990s, a few states have enacted covenant marriage laws, which allow couples to voluntarily make a divorce more difficult for themselves to obtain than in the typical no-fault divorce action.
Mediation Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are ...
is a growing way of resolving divorce issues. It tends to be less adversarial (particularly important for any children), more private, less expensive, and faster than traditional litigation. Similar in concept, but with more support than mediation, is collaborative divorce, where both sides are represented by attorneys but commit to negotiating a settlement without engaging in litigation. Some believe that mediation may not be appropriate for all relationships, especially those that included physical or emotional abuse, or an imbalance of power and knowledge about the parties' finances. States vary in their rules for the division of assets. Some states are " community property" states, others are "
equitable distribution 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. Distributio ...
" states, and others have elements of both. Most "community property" states start with the presumption that community assets will be divided equally, whereas "equitable distribution" states presume fairness may dictate more or less than half of the assets will be awarded to one spouse or the other. Commonly, assets acquired before marriage are considered the property of the individual and not marital property. and assets acquired after, marital. An attempt is made to assure the welfare of any minor children generally through their dependency.
Alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
, also known as "maintenance" or "spousal support", is still being granted in many cases, especially in longer-term marriages. A decree of divorce will generally not be granted until all questions regarding child care and custody, division of property and assets, and ongoing financial support are resolved. Due to the complex or onerous divorce requirements in many places, some people seek divorces from other jurisdictions that have easier and faster processes. Most of these places are commonly referred to negatively as "
divorce mill Divorce mill is a term used for a jurisdiction that is typically used for divorces by non-residents and/or used to obtain a divorce quickly and/or allow for contested divorces quickly and with little or no compensation to the other spouse. Examp ...
s."
Reno, Nevada Reno ( ) is a city in the northwest section of the U.S. state of Nevada, along the Nevada-California border, about north from Lake Tahoe, known as "The Biggest Little City in the World". Known for its casino and tourism industry, Reno is th ...
was for many years the iconic example of a US divorce mill. Where people from different countries get married, and one or both then choose to reside in another country, the procedures for divorce can become significantly more complicated. Although most countries make divorce possible, the form of settlement or agreement following divorce may be very different depending on where the divorce takes place. In some countries, there may be a bias towards the man regarding property settlements, and in others, there may be a bias towards the woman concerning property and custody of any children. One or both parties may seek to divorce in a country that has jurisdiction over them. Normally there will be a residence requirement in the country in which the divorce takes place. See also Divorces obtained by US couples in a different country or jurisdiction above 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, i.e. the country or state of the spouse's residence. Even if not disputed, the spouse could later dispute it and potentially invalidate another jurisdiction's ruling. Some of the more important aspects of divorce law involve the provisions for any children involved in the marriage, and problems may arise due to
abduction Abduction may refer to: Media Film and television * "Abduction" (''The Outer Limits''), a 2001 television episode * " Abduction" (''Death Note'') a Japanese animation television series * " Abductions" (''Totally Spies!''), a 2002 episode of an ...
of children by one parent, or restriction of
contact Contact may refer to: Interaction Physical interaction * Contact (geology), a common geological feature * Contact lens or contact, a lens placed on the eye * Contact sport, a sport in which players make contact with other players or objects * C ...
rights to children. For the
conflict of Laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad ...
issues, see
divorce (conflict) In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine: *the circu ...
. Courts in the United States currently recognize two types of divorce: absolute divorce, known as "divorce a vinculo matrimonii", and limited divorce, known as "divorce a menso et thoro".


References


Further reading

* Amato, Paul R. and Alan Booth. ''A Generation at Risk: Growing Up in an Era of Family Upheaval.'' (Harvard University Press, 1997) and . Reviews and information a

* Gallagher, Maggie. ''The Abolition of Marriage'' (Regnery Publishing, 1996) . * Lester, David. "Time-Series Versus Regional Correlates of Rates of Personal Violence." ''Death Studies'' 1993: 529–534. * McLanahan, Sara and Gary Sandefur. ''Growing Up with a 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 the Haugan decision functionally obsolete?'' (Wisconsin Law Journal. February 18, 2008) * Office for National Statistics (UK). ''Mortality Statistics: Childhood, Infant and Perinatal'' Review of the Registrar General on Deaths in England and Wales, 2000, Series DH3 33, 2002. * U.S. Bureau of the Census. ''Marriage and Divorce''. General US survey information

* U.S. Department of Health and Human Services. ''Survey of Divorce'

(link obsolete). {{Sexual revolution Divorce law by country,