DIVORCE, also known as DISSOLUTION OF MARRIAGE, is the termination of
a marriage or marital union, the canceling or reorganizing of the
legal duties and responsibilities of marriage , thus dissolving the
bonds of matrimony between a married couple under the rule of law of
the particular country or state.
The only countries that do not allow divorce are the
* 1 Overview
* 2 Law
* 2.1 Types
* 2.1.1 Contested divorce * 2.1.2 At-fault divorce * 2.1.3 Summary divorce * 2.1.4 No-fault divorce * 2.1.5 Uncontested divorce
* 2.1.6 Collaborative divorce
* 22.214.171.124 Electronic divorce
* 2.1.7 Mediated divorce
* 5 Effects
* 5.2 Effects on children
* 5.2.1 Psychological * 5.2.2 Academic and socioeconomic
* 6 Statistics
* 6.1 Asia
* 6.1.1 Japan * 6.1.2 India * 6.1.3 Taiwan
* 6.2 Europe
* 6.3 North America
* 6.4 Oceania
* 7 In same-sex married couples (United States)
* 7.1 Rights of spouses to custody of children
* 8 Religion and divorce * 9 Gender and divorce
* 10 History
* 10.1 Greco-Roman culture
* 10.2 Medieval Europe
* 10.3 Secularisation in Europe
* 10.4 Japan
* 10.5 India
* 10.6 Islamic law
* 10.7 The
* 11 Patterns * 12 See also * 13 References * 14 Suggested reading * 15 External links
Grounds for divorce vary widely from country to country.
Though divorce laws vary between jurisdictions , there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some jurisdictions one spouse may be forced to pay the attorney's fees of another spouse.
Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.
In Europe, divorce laws differ from country to country, reflecting
differing legal and cultural traditions. In some countries,
particularly (but not only) in some former communist countries,
divorce can be obtained only on one single general ground of
"irretrievable breakdown of the marriage" (or a similar formulation).
Yet, what constitutes such a "breakdown" of the marriage is
interpreted very differently from jurisdiction to jurisdiction,
ranging from very liberal interpretations (e.g.
The liberalization of divorce laws is not without opposition,
particularly in the United States. Indeed, in the US, certain
conservative and religious organizations are lobbying for laws which
restrict divorce. In 2011, in the US, the Coalition for
See also: Divorce law by country
In some jurisdictions, the courts will seldom apply principles of
fault, but might willingly hold a party liable for a breach of a
fiduciary duty to his or her spouse (for example, see
In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In absence of agreement, a contested divorce may be stressful to the spouses.
In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again.
Contested divorces mean that one of several issues are required to be
heard by a judge at trial level—this is more expensive, and the
parties will have to pay for a lawyer's time and preparation. In such
a divorce the spouses are not able to agree on issues for instance
child custody and division of marital assets. In such situations, the
litigation process takes longer to conclude. The judge controls the
outcome of the case. Less adversarial approaches to divorce
settlements have recently emerged, such as mediation and collaborative
divorce settlement, which negotiate mutually acceptable resolution to
conflicts. This principle in the
Before the late 1960s, nearly all countries that permitted divorce
required proof by one party that the other party had committed an act
incompatible to the marriage. This was termed "grounds" for divorce
(popularly called "fault") and was the only way to terminate a
marriage. Most jurisdictions around the world still require such proof
of fault. In the United States, no-fault divorce is available in all
50 states, as is the case with Australia, New Zealand,
Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.
The grounds for a divorce which a party could raise and need to prove included 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.' The requirement of proving a ground was revised (and withdrawn) by the terms of 'no-fault' statutes, which became popular in many Western countries in the late 1960s and early 1970s. In 'no-fault' jurisdictions divorce can be obtained either on a simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of de facto separation.
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements or can agree on key issues beforehand.
* Short duration of marriage (less than five years) * Absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount) * Absence or minimal value of real property at issue and any associated encumbrances such as mortgages * Absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles) * Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital
Some Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been irreparable by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no".
The application can be made by either party or by both parties jointly.
In jurisdictions adopting the 'no-fault' principle regarding whether to grant a divorce, some courts may still take into account the fault of the parties when determining some aspects of the content of the divorce decree, e.g., its terms for the division of property and debts and the existence and, if applicable, the amount of spousal support. Provisions related to child custody are determined using a different fundamental standard, that of the child's or children's best interests; while some behaviors that may constitute marital fault (e.g., violence, cruelty, endangerment, neglect, or substance abuse) may also qualify as factors to be considered when determining child custody, they do so for the independent reason that they provide evidence as to what arrangement is in the child's or children's best interests going forward.
It is estimated that upwards of 95% of divorces in the U.S. are "uncontested", because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.
Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state. Most U.S. states charge between $175 and $350 for a simple divorce filing. Collaborative divorce and mediated divorce are considered uncontested divorces.
Because of additional requirements that must be met, most military divorces are typically uncontested.
Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation and often with the assistance of a neutral financial specialist or divorce coaches. The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.
Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be more cost-effective than other divorce methods, e.g., going to court. Expense, they say, has to be looked at under the headings of financial and emotional. Also, the experience of working collaboratively tends to improve communication between the parties, particularly when collaborative coaches are involved, and the possibility of going back to court post-separation or divorce is minimized. In the course of the collaboration, should the parties not reach any agreements, any documents or information exchanged during the collaborative process cannot be used in court except by agreement between the parties.
Neither can any of the professional team retained in the course of the collaboration be brought to court. Essentially, they have the same protections as in mediation. There are two exceptions: 1) Any affidavit sworn in the course of the collaboration and vouching documentation attaching to same and 2) any interim agreement made and signed off in the course of the collaboration or correspondence relating thereto. The parties are in control of the time they are prepared to give their collaboration. Some people need a lot of time to complete, whereas others will reach solutions in a few meetings. Collaborative practitioners offer a tightly orchestrated model with meetings scheduled in advance every two weeks, and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.
POLYGAMY AND DIVORCE
An annual study in the UK by management consultants Grant Thornton, estimates the main proximal causes of divorce based on surveys of matrimonial lawyers.
The main causes in 2004 were:
According to this survey, husbands engaged in extramarital affairs in 75% of cases; wives in 25%. In cases of family strain, wives' families were the primary source of strain in 78%, compared to 22% of husbands' families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.
Social scientists study the causes of divorce in terms of underlying factors that may possibly motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner. Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists.
The elevation of divorce rates among couples who cohabited prior to marriage is called the "cohabitation effect." Evidence suggests that although this correlation is partly due to two forms of selection (a) that persons whose moral or religious codes permit cohabitation are also more likely to consider divorce permitted by morality or religion and (b) that marriage based on low levels of commitment is more common among couples who cohabit than among couples who do not, such that the mean and median levels of commitment at the start of marriage are lower among cohabiting than among non-cohabiting couples), the cohabitation experience itself exerts at least some independent effect on the subsequent marital union.
A 2010 study published in Journal of
Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than those from non-divorced families.
DIVORCE AND RELATIONSHIPS
Research done at
Northern Illinois University
Studies have also shown that parental skills decrease after a divorce occurs; however, this effect is only a temporary change. "A number of researchers have shown that a disequilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re-stabilization has occurred and parenting skills have improved"
Some couples choose divorce even when one spouse's desire to remain married is greater than the other spouse's desire to obtain a divorce. In economics this is known as the Zelder Paradox , and is more common with marriages that have produced children, and less common with childless couples.
In an American Psychological Association study of parents' relocation after a divorce, researchers found that a move has a long-term effect on children. In the first study conducted amongst 2,000 college students on the effects of parental relocation relating to their children's well-being after divorce, researchers found major differences. In divorced families in which one parent moved, the students received less financial support from their parents compared with divorced families in which neither parent moved. These findings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. Although the data suggests negative outcomes for these students whose parents relocate after divorce, there is insufficient research that can alone prove the overall well-being of the child A newer study in the Journal of Family Psychology found that parents who move more than an hour away from their children after a divorce are much less well off than those parents who stayed in the same location
EFFECTS ON CHILDREN
A study in Sweden led by the Centre for Health Equity Studies (Chess) at Stockholm University/Karolinska Institutet, is published in the Journal of Epidemiology "> Specific examples of parental alienation include brainwashing the child to cease their relationship with the other parent, telling the child that the other parent does not love them, teaching the child to call another adult by a parental name in effort to replace the other parent, limiting communication between the child and the other parent, and limiting quality time between the child and the other parent. If evidence reveals that a parent is actively alienating the child from their other parent, their case for custody can be severely damaged.
Poorly managed conflict between parents increases children's risk of behavior problems, depression, substance abuse and dependence, poor social skills, and poor academic performance. Fortunately, there are approaches by which divorce professionals can help parents reduce conflict. Options include mediation, collaborative divorce, coparent counseling, and parenting coordination.
Exposure to marital conflict and instability, most often has negative consequences for children. Several mechanisms are likely to be responsible. First, observing overt conflict between parents is a direct stressor for children. Observational studies reveal that children react to inter-parental conflict with fear, anger, or the inhibition of normal behavior. Preschool children – who tend to be egocentric – may blame themselves for marital conflict, resulting in feelings of guilt and lowered self-esteem. Conflict between parents also tends to spill over and negatively affect the quality of parents' interactions with their children. Researchers found that the associations between marital conflict and children's externalizing and internalizing problems were largely mediated by parents' use of harsh punishment and parent–child conflict. Furthermore, modeling verbal or physical aggression, parents "teach" their children that disagreements are resolved through conflict rather than calm discussion. As a result, children may not learn the social skills (such as the ability to negotiate and reach compromises) that are necessary to form mutually rewarding relationships with peers.
Girls and boys deal with divorce differently, for instance girls who initially show signs of adapting well, later suffer from anxiety in romantic relationships with men. Studies also showed that girls who were separated from their fathers at a younger age tended to be more angry toward the situation as they aged, anger and sadness were also observed at common feeling in adolescents who had experienced parental divorce.
The way that children are affected by divorce can vary in many different ways. For instance if the child in question is below the age of three years old, they most likely will not even know what is going on or why their parents are no longer together. They will grow up with the familiarity of their separated parents and also they would probably not be as exposed if at all to the said parents arguing that could have happened before the divorce happened. Through all of this gender plays roles in each age group differently. It is shown that through each age group males were often more effected and at a more consistent rate than females with the exception of the teenage years where females are far more emotional and expectant of throwing tantrum like behaviors more than males.
If the child is around pre-school age and goes through this event with their parents, lets say around the ages of three to six, then the way they think is very self-involved. Their way of thinking is all about "me" and will remain that way until they hit around seven. Because of this way of thinking, they are at the most risk of thinking that they are at fault with their own parents splitting up. They are the most vulnerable age and are usually the most negatively effected. They have most likely never seen a functional relationship from their parents so they will grow up with a sort of distorted image of what a marriage should be like unless the parents are remarried in to a successful marriage.
At this age is when the gender takes a role. When boys are in this situation, they will most likely still have a strong relationship with both parents. But if it is a girl in the situation, they will most likely grow up with more anger and regret towards the parent who's "fault" it is. When typically this aggression is towards the father, this could lead to difficult relationships with men in the future. As well as many different trust issues depending on the reasoning behind the divorce. Infidelity being the top reason here in the United States. Taking from personal experiences, there can be longer lasting effects in what the emotional damage can do to a child who has experienced an unhealthy relationship and a divorce.
At the age of six to about the age of twelve is when more physiological effects take place. As well as when school becomes more difficult to focus on. When there is more of an emotional toll if you will. With school in session, children may bottle up their feelings and not be as talkative or act like their normal selves. During this age, it is very important to understand how to talk to your child who is going through this. With all of the stress as well as schooling it could all become very overwhelming. You may see the grades of the child start to slip. If this happens it is a sign that the child is distracted. This is a good indicator as to what the child may be thinking or feeling.
As we get into the higher ages more matters factor in. At the age of thirteen to about seventeen is when you must factor in the hormone levels coming from puberty. This could be pretty overwhelming for someone who feels as if their whole life is turning upside down anyways. Being a teenager is hard enough as it is and when you are going through puberty on top of a divorce it can feel like the end of the world. As for males, they always seem that they have less of an emotional toll from this situation. Although this is more of when males have more resentment towards their fathers. They often see them as the cause of the situation. This is because they are very attached to their mother and to see their mother go through something this emotionally straining can take a toll on them. They often act out their aggression since their hormones are also off the wall due to puberty they do not know how to channel their own aggression in a healthy way.
Ages eighteen and up are more of the miscellaneous group. This is when they can actually see the situation for what it really is. They understand that sometimes adults get married for the wrong reasons and they see that sometimes things just do not work out for the best. This is when everything comes in to focus and the parents can talk to their children like adults and know that they will understand and not be as hurt. Males and females often behave the same in this age group because they are understanding adults. That they shouldn’t expect their children to fully understand the whole situation and the degree that it is under. Their whole universe revolves around them.
As well as this all is just statistics, everything is varying to different factors such as how bad the moments are leading up to the divorce of the two parents, how the two parents focus on the kids during the separation process, and finally how strong the relationship between the children and parents were. Taking into account these factors, this can help figure out the effects it may have on your child.
Academic And Socioeconomic
Frequently, children who have experienced a divorce have lower academic achievement than children from non-divorced families In a review of family and school factors related to adolescents' academic performance, it noted that a child from a divorced family is two times more likely to drop out of high school than a child from a non-divorced family. These children from divorced families may also be less likely to attend college, resulting in the discontinuation of their academic career.
Many times academic problems are associated with those children from single-parent families. Studies have shown that this issue may be directly related to the economical influence of divorce. A divorce may result in the parent and children moving to an area with a higher poverty rate and a poor education system all due to the financial struggles of a single parent.
Young men or women between the ages of 7 and 16 who had experienced the divorce of their parents were more likely than youths who had not experienced the divorce of their parents to leave home because of friction, to cohabit before marriage, and to parent a child before marriage.
DIVORCE OF ELDERLY COUPLES
Since the mid-1990s, the divorce rate has increased to over 50% among baby boomers . More and more seniors are staying single; an analysis of census data conducted at Bowling Green State University predicted that divorce numbers will continue to rise. Baby boomers that remain unmarried are five times more likely to live in poverty compared to those who are married. They are also three times as likely to receive food stamps, public assistance or disability payments.
Sociologists believe that the rise in the number of older Americans who are not married is a result of factors such as longevity and economics. Women, especially, are becoming more and more financially independent which allows them to feel more secure with being alone, in addition to changing perceptions of being divorced or single. This has resulted in less pressure for baby boomers to marry or stay married.
Further information: Divorce demography
In Japan, divorces were on a generally upward trend from the 1960s until 2002 when they hit a peak of 290,000. Since then, both the number of divorces and the divorce rate have declined for six years straight. In 2010, the number of divorces totalled 251,000, and the divorce rate was 1.99 (per 1,000 population).
In 2015, there were 53,448 divorces, in which 33% for less than 5 years of marriage and 20.8% for 5–9 years of marriage. The figure represents a 17.1% decline in the number when divorce rate peaked in 2006.
One study estimated that legal reforms accounted for about 20% of the increase in divorce rates in Europe between 1960 and 2002.
The ten places with the highest divorce rates in the UK are all beside the sea, with Blackpool in the top position.
On average, first marriages that end in divorce last about eight years. Of the first marriages for women from 1955 to 1959, about 79% marked their 15th anniversary, compared with only 57% for women who married for the first time from 1985 to 1989. The median time between divorce and a second marriage was about three and a half years.
In 2000, the divorce rate reached its peak at 4.0 per 1,000 total population and has slowly declined since. By 2014, the rate was down to 3.2 per 1,000 total population.
A 1995 study found a wide range of factors correlating with the divorce rate including frequency of sex, wealth, race, and religious commitment.
In 2001, marriages between people of different faiths were three times more likely to be divorced than those of the same faith. In a 1993 study, members of two mainline Protestant religions had a 20% chance of being divorced in 5 years; a Catholic and an Evangelical, a 33% chance; a Jew and a Christian, a 40% chance.
A study by the Barna Group , that conducts polls of interest to Christians, reports that a higher divorce rate was associated with infrequent church attendance.
Success in marriage has been associated with higher education and higher age. 81% of college graduates, over 26 years of age, who wed in the 1980s, were still married 20 years later. 65% of college graduates under 26, who married in the 1980s, were still married 20 years later. 49% of high school graduates under 26 years old, who married in the 1980s, were still married 20 years later. 2.9% of adults age 35–39 without a college degree divorced in the year 2009, compared with 1.6% with a college education. A population study found that in 2004 and 2008, liberal-voting states have lower rates of divorce than conservative-voting states, possibly because people in liberal states tend to wait longer before getting married. An analysis of this study found it to be misleading due to sampling at an aggregate level. It revealed that when sampling the same data by individuals, Republican-leaning voters are less likely to have a divorce or extramarital affair than Democratic-leaning voters and independents.
The National Center for Health Statistics reports that from 1975 to 1988 in the U.S., in families with children present, wives file for divorce in approximately two-thirds of cases. In 1975, 71.4% of the cases were filed by women, and in 1988, 65% were filed by women. It is estimated that upwards of 95% of divorces in the U.S. are "uncontested", because the two parties are able to come to an agreement without a hearing (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues.
A 2011 study found a 1% increase in the unemployment rate correlated with a 1% decrease in the divorce rate, presumably because more people were financially challenged to afford the legal proceedings.
In Australia, nearly every third marriage ends in divorce. After reaching a peak divorce rate of 2.7 per 1000 residents in 2001, the Australian rate declined to 2.3 per 1000 in 2007.
IN SAME-SEX MARRIED COUPLES (UNITED STATES)
The examples and perspective in this section DEAL PRIMARILY WITH THE UNITED STATES AND DO NOT REPRESENT A WORLDWIDE VIEW OF THE SUBJECT. You may improve this article , discuss the issue on the talk page , or create a new article , as appropriate. (April 2013) (Learn how and when to remove this template message )
All states permit same-sex marriage . For same-sex couples in the United States, divorce law is in its infancy and is less than clear on how such unions may be legally dissolved in another state. For example, if a same-sex couple is married in a state that recognizes same-sex marriage but returns to reside in a state that does not, they might find themselves in a situation where their own state, in failing to recognize their union, will also fail to enable them to divorce. In addition, splitting up the couple's financial resources may prove to be legally difficult as well as determining which spouse is entitled to the custody of their children.
RIGHTS OF SPOUSES TO CUSTODY OF CHILDREN
Upon dissolution of a same-sex marriage, legal questions remain as to the rights of spouses to custody of the biological children of their spouses. Unresolved legal questions abound in this area.
Child custody policies include several guidelines that determine with whom the child lives following divorce, how time is divided in joint custody situations, and visitation rights. The most frequently applied custody guideline is the best interests of the child standard, which takes into account the parents' preferences, the child's preferences, the interactions between parents and children, children's adjustment, and all family members' mental and physical health.
RELIGION AND DIVORCE
Religion and divorce File:Samuel D. Ehrhart -
An International High Noon
In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a civil marriage and thus, civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state's definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation.
Dharmic religions allow divorce under some circumstances. Christian views on divorce vary, Catholic teaching allows only annulment, most other denominations discourage it except in the event of adultery. Jewish views of divorce differ, with Reform Judaism considering civil divorces adequate. Conservative and Orthodox Judaism require that the husband grant his wife a divorce in the form of a get .
The Millet System , where each religious group regulates its own
marriages and divorces, is still present in varying degrees in some
post−Ottoman countries like Iraq, Syria, Jordan, Lebanon, Israel,
the Palestinian Authority, Egypt, and Greece. Several countries use
sharia (Islamic law) to administrate marriages and divorces for
GENDER AND DIVORCE
According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States. This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales 2012 which reported that divorce petitions from women outnumber those from men by 2 to 1.
Regarding divorce settlements, according to the 2004 Grant Thornton survey in the UK, women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50–50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become the norm.
Some jurisdictions give unequal rights to men and women when filing for divorce.
For couples to Conservative or Orthodox Jewish law (which by Israeli civil law includes all Jews in Israel), the husband must grant his wife a divorce through a document called a get . If the man refuses, the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or who is missing is called an agunah , is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered mamzerim (illegitimate ) and cannot marry non-mamzerim.
The ancient Athenians liberally allowed divorce, but the person requesting divorce had to submit the request to a magistrate , and the magistrate could determine whether the reasons given were sufficient.
After the fall of the Roman Empire, familial life was regulated more by ecclesiastical authority than civil authority. The Catholic and Orthodox Church had, among others, a differing view of divorce.
The Orthodox Church recognized that there are rare occasions when it is better that couples do separate.For the Orthodox, to say that marriage is indissoluble means that it should not be broken, the violation of such a union, perceived as holy, being an offense resulting from either adultery or the prolonged absence of one of the partners. Thus, permitting remarriage is an act of compassion of the Church towards sinful man.
Under the influence of the
Although divorce, as known today, was generally prohibited in
Catholic lands after the 10th century, separation of husband and wife
and the annulment of marriage were well-known. What is today referred
to as "separate maintenance " (or "legal separation ") was termed
"divorce a mensa et thoro" ("divorce from bed-and-board"). The husband
and wife physically separated and were forbidden to live or cohabit
together; but their marital relationship did not fully terminate.
Civil courts had no power over marriage or divorce. The grounds for
annulment were determined by a Catholic church authority and applied
in ecclesiastical courts .
SECULARISATION IN EUROPE
After the Reformation , marriage came to be considered a civil contract in the newly Protestant regions of Europe, and on that basis civil authorities gradually asserted their power to decree a "divortium a vinculo matrimonii", or "divorce from all the bonds of marriage".
Since no precedents existed defining the circumstances under which
marriage could be dissolved, civil courts heavily relied on the
previous determinations of the ecclesiastic courts and freely adopted
the requirements set down by those courts. As the civil courts assumed
the power to dissolve marriages, courts still strictly construed the
circumstances under which they would grant a divorce, and considered
divorce to be contrary to public policy . Because divorce was
considered to be against the public interest, civil courts refused to
grant a divorce if evidence revealed any hint of complicity between
the husband and wife to divorce, or if they attempted to manufacture
grounds for a divorce.
Eventually, the idea that a marriage could be dissolved in cases in which one of the parties violated the sacred vow gradually allowed expansion of the grounds upon which divorce could be granted from those grounds which existed at the time of the marriage to grounds which occurred after the marriage, but which exemplified violation of that vow, such as abandonment , adultery , or "extreme cruelty". An exception to this trend was the Anglican Church , which maintained the doctrine of marital indissolubility.
English Civil War
The move towards secularisation and liberalisation was reinforced by
the individualistic and secular ideals of the Enlightenment . The
Enlightened absolutist , King Frederick II ("the Great") of Prussia
decreed a new divorce law in 1752, in which marriage was declared to
be a purely private concern, allowing divorce to be granted on the
basis of mutual consent. This new attitude heavily influenced the law
In Britain before 1857 wives were regarded as under the economic and legal protection of their husbands, and divorce was almost impossible. It required a very expensive private Act of Parliament costing perhaps £200, of the sort only the richest could possibly afford. It was very difficult to secure divorce on the grounds of adultery, desertion, or cruelty. The first key legislative victory came with the Matrimonial Causes Act 1857 , which passed over the strenuous opposition of the highly traditional Church of England. The new law made divorce a civil affair of the courts, rather than a Church matter, with a new civil court in London handling all cases. The process was still quite expensive, at about £40, but now became feasible for the middle class. A woman who obtained a judicial separation took the status of a feme sole, with full control of her own civil rights. Additional amendments came in 1878, which allowed for separations handled by local justices of the peace. The Church of England blocked further reforms until the final breakthrough came with the Matrimonial Causes Act 1973 .
In the Edo Period (1603–1868), only husbands could divorce their wives by writing letters of divorce. But actually, their relatives or marriage arrangers often kept these letters and tried to restore the marriages. It was not allowed for wives to divorce their husbands. Some wives were able to gain sanctuary in certain Shinto "divorce temples" for several years, and were able to obtain a divorce thereby. In 19th century Japan, at least one in eight marriages ended in divorce.
There are four types of divorce in Japan:
On an all-India level, the
Official figures of divorce rates are not available, but it has been estimated that 1 in 100 or another figure of 11 in 1,000 marriages in India end up in divorce.
Various communities are governed by specific marital legislation,
distinct to Hindu
* The Parsi
An amendment to the marriage laws to allow divorce based on
"irretrievable breakdown of marriage" (as alleged by one of the
spouses) is under consideration in India. In June 2010, the Union
Cabinet of India approved the
Code of Muslim Personal Laws of the Philippines, known as
Presidential Decree (PD) No. 1083, Title II-
On July 27, 2010, Gabriela Women\'s Party filed in Congress House
Bill No 1799, or the
* Disengaging from an abuser using the no contact rule or grey rock
Divorce law around the world
Divorce of same-sex couples —legal aspects, divorce rates
Fear of commitment
Implications of divorce
List of most expensive divorces
List of people who remarried the same spouse
Primary physical custody
* ^ The Covenant
* R.L.Gupta. R.L.Gupta's Medico-Legal Aspect of Sexual Offence.
Eastern Book Company. ISBN 81-7012-440-9 .
* Alford, William P. , "Have You Eaten, Have You Divorced? Debating
the Meaning of Freedom in
* Societal aspects of divorce at
This article incorporates text from the
* LCCN : sh85038616 * GND : 4013656-5 * NDL