When it comes to dealing with a divorce in today’s environment, it is one of the most difficult topics to cope with. According to statistics, 1 million divorces occur each year in the European Union, although 53 percent of marriages in the United States end in divorce, according to the same data (every 6 seconds). In Ireland, just 15 percent of divorces occur each year, but only 3 percent of divorces occur each year in Chile, according to the World Bank.
Because of the harmful impacts on women’s mental health, several states have devised a specialized technique of divorce, which you may learn more about by conducting an internet search for divorce information, for example, on filing for divorce in Oregon online.
According to Ministry of Justice data, 11,828 divorces were recorded in civil registry offices in the first six months of 2020, with 853 of those being dissolved in court, during the first six months of the year. With 18,329 divorces filed and 1,407 divorces finalized in court, there was a 35% increase in divorce filings and a 40% increase in divorce finalizations as compared to the same period in 2020.
Marriages ending in divorce are a very common occurrence in today’s society. However, due to legal restrictions in many countries, it is still difficult for couples to divorce one another. In the state, there is a strong anti-divorce sentiment, with the goal of keeping the family together as much as possible.
What are the restrictions on divorce in general?
If you’re going to get married, you’re going to get married for the rest of your life. Divorce can be sought both by state-registered civil status actions and through a court of law. A divorce cannot be denied by a Ukrainian court. When a woman is pregnant and for one year after the birth of a child, she and her husband cannot file for divorce.
The argument for preventing such divorces in our culture may be that women and children are most vulnerable during pregnancy and the first year of life. So why does the friendship ban apply? To shield women against male misbehavior as well as their own hasty and irrational judgments. I believe the legislator meant this to secure equal rights for both couples.
In this case, the concept of equal rights for spouses is purely theoretical, resulting in a substantial discrepancy between the parties. So long as the husband supports the mother throughout her temporary disability and raises the child, the wife’s divorce restriction is unfair. Even if the couple has no family ties and the relationship is harmful to their health, the marriage will remain.
This restriction also violates the principle of voluntary marriage, which states that no one can be coerced into marriage.
There are few exceptions to the rule that spouses cannot divorce during the wife’s pregnancy or for a year following the child’s birth. The law allows each spouse to go to court if:
- one of the spouses has committed illegal conduct, which contains signs of a crime, against the other spouse or child;
- paternity of a conceived or born child is recognized by another person;
- by a court decision, information about the husband as the child’s father is excluded from the birth record of the child.
Let’s talk about countries specifically…
As already mentioned, the divorce procedure is a fairly common process, so in many countries, there is a principle of freedom of divorce. If we analyze the legal systems of states that allow divorce, then, depending on their solution to the issue of equality of husband and wife to initiate divorce, we can identify the following groups:
– States in which husband and wife are on an equal footing;
- States in which a man is in a privileged position.
A large number of the continent’s countries come within the authority of the first group. Algeria, Jordan, and Syria are among the Muslim countries that fall within this second category of countries.
Depending on the state’s laws, a divorce might be granted for a single cause or several grounds simultaneously. A divorce cannot be formalized before the inevitable breakup of the marriage has been established in Germany and the United Kingdom, as a result of this rule. When a couple decides to divorce, they do not need to provide any evidence of the dissolution of their marriage to do so. While it is true that in practice, proof can take the form of a divorce, a long-term separation, or the complete breakup of the marriage, this is not always the case.
Divorce in France can be granted on three grounds: mutual consent, dissolution of the marriage, or culpability by one spouse. Also, in France, a mutually agreed-upon divorce is not conceivable within the first six months of a union. The peculiarity of English divorce law is that an application for divorce cannot be filed until three years have passed since the wedding. Courts are only allowed to approve a divorce request when it is based on the defendant’s extreme brutality and immorality, and only after three years have passed. In Austria, divorce is permitted only in the event of marital instability or for other legitimate grounds.
State residency is a decisive element when it comes to divorce in the United States since it is required to gain the legal right to file for divorce in a certain jurisdiction (from 6 weeks to 2 years). As a result, a person cannot file for divorce until these conditions are no longer in effect. It is because of this variation in time constraints established by the various states’ legislation that people desiring to dissolve their marriage as quickly as possible are traveling from one state to another (“resettlement divorce»).
Are there countries where divorce is prohibited?
There are indeed. In jurisdictions where the Catholic Church has had a significant effect on the development of their legal system, divorce is illegal. Divorce laws cannot be passed in Ireland because of the country’s constitution. It’s also illegal in Argentina and Colombia, according to their respective constitutions.
It was nearly hard to get a divorce in the Vatican until quite recently. Divorce is not permitted in the Roman Catholic Church, which teaches that marriage lasts a lifetime. However, in order to obtain a divorce, the couple must first obtain an annulment of their marriage and demonstrate that their union did not fit the criteria of the church from the start. Annulment used to be a difficult, time-consuming, and expensive process that was beyond of reach for many Catholics. However, with the reforms of Francis, an expedited process for annulment of marriage was instituted, unless both spouses disagree.
It’s interesting to see how people try to get around divorce laws in nations where it’s illegal or too time-consuming to go through the procedure. It’s possible for a married couple to leave Paraguay for another nation and earn citizenship there, then divorce and return to Paraguay and reclaim their citizenship. Thus, they were able to avoid the Paraguayan divorce prohibition.
The results of the study allow us to make judgments regarding the topic’s importance. Legal reform is needed, particularly regarding limits on divorce or a total prohibition on divorce.
