Divorce
From ArticleWorld
A divorce' occurs when a marriage ends before a spouse passes away. Divorces require the certification of a court of law and the terms of a divorce are determined by the court. At the time of the divorce proceedings, the court will take into account prenuptual agreements or ratify terms that spouses have privately agreed to. Courts can determine the distribution of property, spousal support and child custody.
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Divorce around the world
In some areas, divorce is a relatively new idea. In fact, there was no divorce law in Canada until the 1960s (until that time the only way to get a divorce was to apply to the Canadian Senate where a committee would underatake an investigation).
The divorce rate has increased significantly during the 20th century and into the 21st. It is especially prevaliant in the United States, Korea and members of the European Union. Japan, however, maintains a significantly lower divorce rate.
Why divorce?
Main causes of divorce include extra-marital affairs, family strains, emotional or physical abuse, mid-life crisis, addictions (like gambling or alcoholism) and workaholism.
Divorce and finances
Divorce divides one household into two; naturally this implies an increase in costs. In many cases, women financially suffer since they traditionally have a lower earning potential in many countries. Plus, many women have been known to stay home with the children and have thus been out of the workforce for some time. Many women have difficulty receiving child support payments from men, even when mandated by courts.
Men often suffer financially due to court-ordered alimony and child support (since men traditionally are the spouse who earns more money). Men are also (if they don’t have custody) blocked from access to their children.
Global aspects
- Muslim societies: Although Islam discourages divorce, no-fault divorce is allowed.
- United States: A matter of state law, not federal law. More federal legislation has been enacted over the recent years that affect the responsibilities and rights of divorcing spouses.
- Canada: Marriage and divorce are the realm of the federal government; divorce law is uniform throughout Canada.
- France: The French Civil Code permits divorce for mutual consent, acceptance, separation of two years and the fault of one partner.
- Japan: There are four types of divorce: mutual consent, family court mediation, family court judgment and district court judgment.
- Scotland: About one-third of marriages end in divorce. Actions may be brought in either the Sheriff Court or the Court of Session.
- England and Wales: Divorce is commenced by the issuing of a petition, which must be acknowledged by either party.
- Globally: When people from different countries get married, the procedures can be more difficult. Normally, there is a residence requirement in order to petition for divorce within that country.