Everything There is to Know About Divorce
Divorce is the last termination of a marriage. This means the canceling of all marital responsibilities and duties that are imposed by law between the married parties. Usually marriage annulment requires the involvement of a court or any other legal authority to terminate the union.
This process is also inclusive of other factors such as the support of the spouse, distribution of property, child custody, child support and division of debt. In most countries, divorce does not completely nullify the marriage like in an annulment, it only revokes the married status that the parties were in.
The laws that govern splitting up differ considerably around the globe, for instance in the Philippines they do not allow it, recently Malta created a piece of legislation allowing the act leaving the Vatican city and Philippines as the only countries in the world that do not allow this procedure. Many countries have also only recently allowed divorce, they are Spain, Portugal, Italy and Ireland.
Previously, many laws in the western world required that you have a cause for the petition of ending a marriage. One had to prove a cause for instance dissertation, infidelity and the like. However recently there have arisen some statutes which do not require one to have a cause for the marriage to be dissolved.
Most countries such as the United Kingdom, Canada, the U. S and Australia have adopted these statutes and they are referred to as no fault statutes. The requirement to prove a ground was withdrawn and these days all one needs is a mere claim of irreconcilable differences or break down with regards to the marriage and this will suffice as a ground to terminate the marriage.
Even though the courts apply the no fault principle, it is often the factor used when deciding on many aspects of the dissolution of the marriage such as custody of the child, division of property and debts. This is especially so in proceedings determining custody of the child. The court will look into any claims of cruelty, neglect, violence or drug abuse.
In most jurisdictions, for a it to be effective, it must be ratified by a trial judge. The court may take into consideration pre marital agreements and post marital agreements, or any consented agreements made by the spouse while married. This however does not apply to the U. S, such agreements have to be in writing for them to be enforceable.
There at times arises a contested divorce. This is where there are some disagreements and this means that these issues will have to be sorted out by a court at the trial level. This is quite expensive and parties will most often have to foot the costs of lawyer time. There are however alternative methods where such issues can be settled, for example a mediator.
In some other jurisdictions however, it is not necessary for a legal entity to certify the dissolution, this is so long as the parties are in agreement that the do not wish to be in the marriage and there is also no contest over any other matter concerning the split.
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