Types of Divorce Laws worldwide An EYE OPENER

Thread Title : Types of Divorce Laws worldwide - An eye opener!


Divorce Laws in USA

No - Fault Divorce:-

 

California changed the way we look at divorce and made it easier to get out of a marriage by passing the first no- fault divorce laws in 1970. Before that, there had to be fault found before one spouse could leave a marriage. The fault were the “grounds” for the divorce and included such things as adultery, physical or mental cruelty and desertion.

 

Many states still allow fault divorce and take into consideration the wrong doing of a spouse. Most also allow no – fault divorce. No – fault is exactly as it sounds: No one is at fault for the failure of the marriage. In some states, even if there was some misconduct by a spouse it does not matter. The reasons for acquiring a divorce may be as simple as incompatibility or irreconcilable differences. There doesn’t have to be any further explanation or proof that the marriage should continue.

 

 

Uncontested Divorce:-

 

An uncontested divorce takes place when both spouses reach a mutual agreement to end the marriage. They are able to come to an agreement regarding division of property, any financial issues, children and other contentious issues. Uncontested divorces are simple and quick but they can cause people to give up rights they did not know they had. Rights such as alimony, a division of pension benefits, income from real estate and other sources of income. It is always prudent to consult an attorney, even if you and your soon to be spouse are on the best of terms.

 

Simplified Divorce:-

 

Simplified divorces are uncontested, no – fault divorces where there is no conflict between the spouses. Usually simplified divorce takes place in marriages of short duration where there are no children and very few marital assets to bicker over.

State laws differ on simplified divorce but, if your state allows it, it is a less expense and less stress way to go. Simplified divorces are usually granted quickly, normally within 30 days of filing.

 

 

Limited Divorce:-

 

Limited divorce is similar to a legal separation and is not allowed in some states. Usually couples who need to arrange their finances and settle other issues will choose a limited divorce to give them time. As in a legal separation, spouses must live separately and can’t have s*xual relations with each other or other people. Limited divorces also gives spouses time to come to an agreement on issues such as dividing up pension funds, division of property, child custody and visitation and alimony before the divorce becomes final.

 

 

Divorce Laws in the Philippines

Divorce is illegal in the Philippines and the Catholic church would like to see it remain that way, but many citizens appear to be tired of Catholic prelates assuming the authority to dictate civil laws. Thus, a bill that would legalize divorce is moving through the government.

 

The country's influential Catholic Church had thwarted all previous attempts, but the women pushing for this latest divorce legislation say prospects of it being accepted are better this time. Under the Philippines Family Code, only annulment restores a married couple to single status, allowing each to remarry.

 

But that entails proving in court that a marriage is void to begin with because of a pre-existing condition - physical or psychological - that makes one incapable of performing essential marital obligations. In other words, marriages that were valid at the start only to break down later technically do not qualify for annulment.

 

Josephine Nueno said: "Even when women are beaten and abused, we can't leave because we can't divorce!"

If this bill succeeds — and it will take a while — that would leave Malta as the only nation without legal divorce. At least, that's what the report says — somehow I doubt that the Vatican has divorce laws and the last time I looked, they qualified as a nation despite being so small.

It's interesting that the Catholic church would oppose the legalization of divorce. Do they sincerely think that non-Catholics in the Philippines should be bound by Catholic doctrine? Perhaps American Catholics should ask their priests what they think about it — are the Catholic leaders in the Philippines wrong or not? Would the Catholic church support making divorce illegal in other places, like America?


Divorce Laws in BRAZIL: Land of No Divorce

This is just an informational article of how things where in Brazil in 1951, I found this article and thought it would be an interesting read. Brazil is no longer a No Divorce Land today in 2010.

 

Status quo as on Sept. 10, 1951

 

In most Western nations divorce is legal on grounds of adultery or desertion; various countries have also permitted divorce for sundry other reasons: attending the theater, conspiring against the government, gambling, apostasy, vagrancy, ill humor at the breakfast table. Brazil has always prohibited-divorce for any reason whatever. Its constitution makes a legal marriage an-indissoluble contract.

 

Last week, in the Congress at Rio, Deputy Nelson Carneiro argued for a bill which would punch a loophole in the constitution by providing annulments for incompatibility — under strict controls. The impossibility of legally ending a marriage, he believed, was the root of intolerable matrimonial tangles in Brazil. At every pause in his 98-page speech, Carneiro was rebutted by a sharp-witted Roman Catholic priest, Monsignor Arruda Camara, who is also a Deputy. Monsignor Arruda held out against the slightest relaxation of the constitutional provision. Cried he to Carneiro: "Where the constitution says 'marriage is an indissoluble tie,' Your Excellency says 'dissoluble.' Where the constitution says 'no,' Your Excellency says 'yes.'"

 

In arguing for loosening the law, Carneiro had in mind the evasions which estranged Brazilians have practiced for years. The rich are frequently divorced and remarried abroad. Those who cannot afford to travel often get Uruguayan and Mexican divorces through Rio lawyers. Other Brazilians separated from their spouses simply move a new "wife" into the house without any semblance of divorce or new marriage. This happens even in top society. A decade ago, Francisco Campos, a cabinet minister, split from his wife and living with another woman, offered a bril liant formal reception, held his mistress' arm, and announced, "From now on our friends will consider us married." The friends did.

 

Because Brazil is 95% Roman Catholic, the disagreement over divorce was within the religious family. Carneiro himself is a Catholic. He and those who favor his annulment plan simply see a distressing picture of Brazil's matrimonial affairs and propose a cure—legal annulments after five years of legal separation. Those who oppose divorce say that "if it is bad without divorce, it would be worse with it." The church points to relatively successful divorceless societies in Argentina and Colombia, remembers that it fought down divorce proposals in Brazil in 1937 and 1946. Bishop Vicente Scherer of the state of Rio Grande do Sul called for "prayers to God to take away from Brazil the calamity which threatens Christian families." Defeat seemed likely for Carneiro's bill.


Divorce laws in Canada

 

Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament in order 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 any of a list of particular s*xual behaviours but not simply adultery. Some provinces had legislation allowing either spouse to get a divorce on the basis of adultery.

 

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 Canada, while civil and political rights are in the jurisdiction of the provinces, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, that differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces.

 

The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year. Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming.

 

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" 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 Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-s*x marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-s*x marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorce.

 

 

Various European laws on divorce


Divorce Laws in England and Wales

 

Divorce is commenced by the issuing of a petition, which must be acknowledged by the other party. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'. Relevant laws are:

 

- Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii)

 

- Cruelty has been made irrelevant. See Gollins v Gollins [1964] A.C. 644

 

- Family Law Act 1996.

 

- Children Act 1989.

- The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991.

- Marriage Act 1949.

- Marriage Act of 1994.

 

Divorce Laws in France

The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60% of all divorces); acceptance; separation of 2 years; and due to the 'fault' of one partner (accounting for most of the other 40%).

 

Divorce Laws in Italy

 

Presumably due to the strong influence of the Roman Catholic Church, divorce was all but unobtainable in the Italian Republic and its predecessor states. The difficulty of ridding oneself of an unwanted spouse was a frequent topic of drama and humor, reaching its apotheosis in the 1961 film Divorce, Italian Style. On December 1, 1970, the civil code of Italy was amended to permit the granting of divorces by the civil courts. Subsequent efforts at repealing the divorce statute by referendum have so far been unsuccessful.

 

Divorce Laws in Republic of Ireland

 

The largely Catholic population of the Republic of Ireland has tended to be averse to divorce. Divorce was prohibited by the 1937 Constitution. In 1986, the electorate rejected the possibility of allowing divorce in a referendum. Subsequent to a 1995 referendum, the Fifteenth Amendment repealed the prohibition of divorce, despite Church opposition. The new regulations came into effect in 1997, making divorce possible under certain circumstances. In comparison to many other countries, it is difficult to obtain a divorce in the Republic of Ireland.

 

A couple must be separated for at least four of the preceding five years before they can obtain a divorce. It is sometimes possible to be considered separated while living under the same roof.

Divorces obtained outside Ireland are recognised by the Republic only if the couple was living in that country; it is not therefore possible for a couple to travel abroad in order to obtain a divorce.

 

Divorce Laws in Scotland

 

About one third of marriages in Scotland end in divorce, on average after about thirteen years. Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer. Divorce

 

- (Scotland) Act 1976.

 

It is likely that the two year separation period required for a no-fault divorce with consent will be reduced to one year. See now the changes introduced under the auspices of the Scottish Parliament through the Family Law (Scotland) Act 2006. Family law issues are devolved, so are now the responsibility of the Scottish Parliament and Scottish Executive.

Financial consequences of divorce are dealt with by the Family Law (Scotland) Act 1985. This provides for a division of matrimonial property on divorce. Matrimonial property is generally all the property acquired by the spouses during the marriage but before their separation, as well as housing and furnishings acquired for use as a home before the marriage, but excludes property gifted or inherited. Either party to the marriage can apply to the court for an order under the 1985 Act. The court can make orders for the payment of a capital sum, the transfer of property, the payment of periodical sums, and other incidental orders. In making an order, the court is, under the Act, guided by the following principles:

1. The net value of the matrimonial property should be shared fairly, and the starting point is that it should be shared equally; but

2. Fair account should be taken of economic advantage derived by either party from contributions by the other, and of economic disadvantage suffered by either party in the interests of the other party or of the family; and

3. The economic burden of caring for a child of the marriage under 16 years should be shared fairly between the parties (but child support is not normally awarded by the court, as this is in most cases a matter for the Child Support Agency).

 

The general approach of the Scottish courts is to settle financial issues by the award of a capital sum if at all possible, allowing for a ‘clean break’ settlement, but in some cases periodical allowances may be paid, usually for a limited period. Fault is not normally taken into account.

Decisions as to parental responsibilities, such as residence and contact orders, are dealt with under the Children (Scotland) Act 1995. The guiding principle is the best interests of the child, although the starting assumption is in practice that it is in a child’s best interests to maintain contact with the non-custodial parent.


Divorce laws in Japan

In Japan, there are four types of divorce. Divorce by Mutual Consent (kyogi rikon), Divorce by Family Court Mediation (chotei rikon), Divorce by Family court Judgement (shimpan rikon), and Divorce by District Court Judgment (saiban rikon).

 

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 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 themselves, 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 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 defense 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.



Survey of Divorce Rates in Different Countries

Updated upto June 13^th. 2006

 

Statistics from the United Nations show a trend of rising divorce rates in many countries in recent years. The divorce rate has been high in many European countries and America, but now many Asian countries are catching up. The divorce rate in Korea, for example, is ranked third in the world.

 

In the US: People fear divorce more than marriage

 

About 59% of America's population of 300 million is married. Although over 90% of American adults look forward to married life, divorce rates are still very high. During the 1950s, more than 90% of married couples would stay together for ten years or more, but in the 1990s, this percentage has fallen to below 50%. In recent years, many older adults have been getting divorced after they turn 60, or even 80 years old.

American experts says that there are many reasons for the rising divorce rate, including people's longer life spans, new generational values, and the growing economic independence of women.  Another reason is that it is extremely easy to get divorced in America. In recent years, as the economy has struggled and jobs have become harder to find, younger Americans are not willing to marry so quickly and those who are married are not so quick to divorce.

 

In Korea: Divorce rate ranks 3rd in the world

 

According to Korean government statistics, the divorce rate in Korea is growing at an average rate of 0.5% per year. In the past ten years, the total number of divorces has increased by nearly three times. That is to say, out of every 1,000 couples, 2.8 of them will divorce, making  Korea's divorce rate the third highest in the world after America and the UK.

There are various reasons why the divorce rate in Korea is so high, but the main reason is disagreements between the mother-in-law and wife. A representative from Korea's family courts who handles divorce cases went on the record to say, "Divorce cases always increase after Mid-autumn Day, New Year and the summer holiday because couples are more likely to quarrel about going to the in-laws house. And then once they get there, as problems between the mother-in-law and wife become from pronounced, someone ends up demanding a divorce."

Another factor that has led to rising divorce rates is a change in values. More women are initiating divorce or separation procedures. 66.7% of divorces in 2003 were initiated by women, compared to 30.6% by men. Among the reasons cited for getting a divorce, 46.4% of divorces occur because the wife or husband is having an affair.

In order to curb the rising divorce rate, the government has enacted certain measures that have proven to be effective. In March 2005, the Seoul Family Court implemented a mandatory "thinking period" and counseling session which couples must complete before applying for a divorce..

 

In India: Divorce rate twice as high as ten years ago thanks to non-corporate growing lawyers base pan-India who on drop of a hat do not hesitate to encourage wife's to file 498a IPC (the most dreaded family breaking law of the land)

 

In India, there are no formal statistics concerning divorce rates due the large rural population and incomplete records, but it is widely acknowledged that the divorce rate has greatly increased. But, yes in India we do have a unique highy misused penal provision - S. 498a IPC and quite recently another unique gender biased The DV Act with usage of which a family is sure to get Divorce with a monetary incentive package bundled to a wife's benefit as compensation cost for s*x inmarriage !

Young couples divorcing is a major reason divorce rates have risen. The phenomenon of "family group marriages" is also noteworthy. In rural India, marriages between families are quite common. For example, the brothers of one family marry the sisters of another family at the same time. In a situation like this, once one marriage ends in a divorce and leads to deep enmity between the families, all the marriages are likely to end in divorce.

According to a recent survey, the higher a woman's educational level, the less she cares about getting a divorce.

 

In Germany: Legislation to make divorce more difficult

 

Divorce rates in Germany have remained high in recent years with no sign of declining. Statistics show that over 200,000 couples divorced last year. Most of the couples who divorce have already lived apart for the last six years of the marriage and at the seventh year they begin the divorce procedures. The German media has blamed this on rising unemployment rates which cause unhappiness in the marriage.

A "divorce economy" in German society has become popular, in which divorce-related magazines, companies, bars, and TV shows have added fuel to the fire. A famous marriage counselor has expressed concerns with the appearance of this phenomenon saying, this will probably encourage more people to separate from their partners. A German expert on the marriage law said, "People have the right to get a divorce, but they should not abuse this right. First and foremost, people who wish to divorce should consider their responsibilities to their elders, children, family and society. The fact is, because people are so hasty to divorce, the issues of single parent families, care for the elderly and children's education have become crucial social problems.

In response, the German legislature is trying to pass legislation making it more difficult to get a  divorce. Divorce is not encouraged by the government. Once a husband wants to get divorced, he must give his wife half of his income for the rest of his life.

 

In Brazil: Single girls seeking married men

 

The divorce rate in Brazil has doubled since 1985. Many experts believe that this is due to the 1988 abolition of a law that men could only have two divorces in their lifetime. Now, they can marry and divorce as many times as they like.

Sociologists believe that attitudes towards divorce have changed. In the past, women who divorced their husbands were looked down upon. Now, Brazilian women believe that if a woman suffers from domestic abuse, it is a shame to continue being with him. Statistics show that 73% of divorces and separations are initiated by women. In addition, infidelity is another reason for the break up of marriages. A psychologist, Mr. Louis, says that, in Brazil there is a strange phenomenon of single girls seeking out married men.

In order to maintain social stability, Brazilian law states that married couples must wait two years after their marriage to get a divorce. Furthermore, they must live apart for two years. The law also stipulates that people must wait two years after a divorce to remarry.

 

In China: Rapid growth in divorce rates

 

According to statistics from the China Civil Administration Department, 341,000 married couples divorced in 1980, 800,000 in 1990, 1,210,000 in 2000, and 1,331,000 in 2005. From these numbers it is evident that divorce is a growing trend in China.

Xu Anqi, an analyst at the Shanghai Social Science Academy and standing director of the China Research Association for Women and Family says the reason for the growing number of divorces in China is multifaceted. First, society is going through a transitional period which is greatly affecting the stability of marriages. Second, as living standards increase people have higher expectations towards marriage and love. A third reason is, the simplification of marriage and divorce procedures has made getting a divorce much easier.


Xu Anqi believes that high divorce rates in certain areas do not necessarily indicate marriages are unhappy and society is unstable. A survey on marriages revealed that people are happier in an open country with looser divorce laws. That is because couples with problems can separate and those with stable marriages are more emotionally satisfied, which is beneficial to a harmonious social order.


Chen Xinxin from the Women Studies Institute of ACWF (All-China Women's Federation) also thinks that improvements in women's social status have resulted in increasing divorce rates. As women become more independent economically and spiritually, they are no longer regarded as socially inferior, and this is a reflection of women's liberation and social progress.



Worldwide Trend: Daughters-in-law hazardous for MIL’s health

Credible research update available as on Oct 9^th. 2010 in reference to South East Asia (India does fall under South East Asia context)

 

 

Always thought it's the mother-in-law who makes the life of her son's wife a living hell? Well, according to a research, the daughter-in-law is actually primed for revenge.  Research shows women who are cared for by their son's wife in later life fare less well than those looked after by their own daughter.

 

In fact, the set-up is so unhealthy an elderly woman would be better off living by herself. According to Japanese researchers, the friction in the mother and daughter-in-law relationships is at the heart of their results, with years of arguments finally taking their toll.

 

During the four-year study, the scientists tracked almost 200 elderly Japanese men and women.  Their analysis revealed that living with a son and his wife to be highly detrimental to a woman's health.

 

A woman cared for by her daughter-in-law was twice as likely to have died as one who lived with her daughter.  "These findings are provocative in that they suggest a survival disadvantage for women who are cared for by their daughters-in-law, that is a daughter-in-law 'penalty,'" the Daily Mail quoted the University of Tsukuba researchers as saying.

 

At its heart could be the 'strained relationship' between the two women, who traditionally are fighting for the affections of the same man.  Previous research by Cambridge and Exeter university scientists suggests the rivalry between a woman and her mother-in-law may have been behind the evolution of the menopause.

 

They believe it is nature's way of creating a truce in families. If older women are unable to have children, the younger females are free to lavish the family's resources on their children.

 

The study has been published in the journal BMC Geriatrics.


Source:
1. Self independent research compilagtion

2. https://www.biomedcentral.com/1471-2318/10/61

https://timesofindia.indiatimes.com/topic/search?q=daughter-in-law



If any member here under family law domain have knowledge of 'core' world wide family Laws including Indian Family Law; thay may feel free to update this list minus their "philosophies" which is good only at their HOME (PERIOD).