Friday, September 16, 2011

Divorce: Marriage Crisis

Divorce is the breaking of the marriage official. Separation differs between the de facto separation without legal consequence. The separation is recognized legally but leaves the marriage.

Today, more than a third of marriages end in divorce, the proportion tends to be closer to one in two major cities. To adapt to changes in society and the needs of individuals, divorce is evolving and new forms of disunity appear. Faced with the boom in divorce, recent regulations have been adopted to facilitate the process often unpleasant and reduce delays. The aim is to ease relations between husband and wife who use to divorce while maintaining the character of legal divorce.

History of divorce
The first law allowing spouses to break the marriage was created September 20, 1792. The divorce becomes a simple, no judge can be proclaimed without any reason. The general liberalism of the Act is denounced by the Conservatives. In 1804, the French Civil Code establishes conditions so restrictive that it is abandoned. On May 8, 1816, divorce was again removed by law Bonald. On July 27, 1884, divorce is again allowed, but only if specific errors such as adultery, excess, abuse and insults severe condemnation to an afflictive and infamous. In the following years, other legislation corrects certain provisions. The Act of April 2, 1941 prevents couples married less than three years of divorce. On July 11, 1975, Valery Giscard d'Estaing makes a thorough reform of the divorce.

Current legislation on divorce
Law 26 May 2004 shortened the divorce proceedings and corrects some errors in the 1975 Act. This law recognizes four cases of divorce: divorce by mutual consent, divorce by accepting the principle of marriage breakdown, divorce by irretrievable marriage and divorce for cause. This law promotes reconciliation between the spouses before the judge. The fault divorce is now faster. Today a single interview conciliation is now necessary, against two earlier. Another important point, in case of de facto separation, divorce is delivered faster. With the old law, had to wait six years for the divorce to be recognized. Now divorce may be asked to irretrievable marriage after two years of disruption of community life. The fault divorce has more interest since 1974, yet he was retained by the law of 2004, mainly to account for cases of domestic violence . The assistance of a lawyer is required for each spouse during the divorce proceedings. However, in case of divorce by mutual consent, the spouses may choose, by mutual agreement, a single lawyer.

Did you know?

The obligation of parents towards their children, which justifies the payment of this pension is independent of mistakes that led to divorce.