The Civil Code of the Philippines states that it is binding on citizens of the Philippines even if they live abroad. If a legally married Filipino citizen obtains a divorce outside the Philippines, that divorce will not be recognized in the Philippines. [39] This can lead to complications when Filipinos divorce outside the Philippines. [40] [41] [42] Chile legalized divorce in 2004 and repealed an 1884 law. [17] The law that legalized divorce is called Nueva Ley de Matrimonio Civil (« New Civil Marriage Law ») and was first introduced as a bill in 1995; There had been divorce laws before, but this one managed to get enough Conservative and Liberal support to pass. [18] Under the new law, couples must be separated for one year before divorce if the separation is reciprocal, and three years if the separation is not reciprocal. [19] The Czech Civil Code (No. 89/2012 Coll.) provides for two types of divorce: consensual divorce and contentious divorce. An amicable divorce is carried out by a court decision approving the divorce agreement between the parties. Several conditions must be met: the marriage must have lasted at least one year and the couple has not formed a family unit for at least six months. The parties must also agree on custody of the children after divorce, division of joint property, housing and possibly alimony.
A contested divorce occurs when the parties cannot agree. If there are minor children, the court can divorce only after deciding on future custody of the children. [26] Divorce by mutual consent is a simple procedure whereby a declaration is made to the appropriate government agency that both spouses agree to divorce. This shape is often referred to as the « green shape » because of the wide green band above the top. If both parties cannot agree on the terms of an amicable divorce, such as custody, that must be indicated on the divorce form, they must use one of the other three types of divorce. Foreign divorces can also be registered in Japan by bringing the relevant court documents to the local town hall along with a copy of the Japanese ex-spouse`s family registration. If an international divorce involves joint custody of the children, it is important that the foreign parent registers it as joint custody is not legal in Japan. The parent who registers the divorce can therefore be granted sole custody of the child under Japanese law. Mediation is a growing way to resolve divorce issues. It tends to be less adversarial (especially important for children), more private, less expensive and faster than traditional litigation.
[58] A similar concept, but with more support than mediation, is collaborative divorce, where both parties are represented by lawyers but agree to negotiate a settlement without participating in the dispute. Some believe that mediation may not be suitable for all relationships, especially those involving physical or emotional abuse or an imbalance of power and knowledge about the parties` finances. Generally, a divorce decree is not issued until all issues relating to custody and custody of children, division of property and assets, and ongoing financial support have been resolved. Norberto Gullo, a lawyer who secured his client`s divorce within 24 minutes that day, grabbed one of the pamphlets and said, « Maybe my name will be in a history book as (one of the first lawyers) to divorce in Argentina. » The Canadian Divorce Act recognizes a divorce only because of the breakdown of the marriage. A breakup can only be established if one of the following three reasons is true: adultery, cruelty, and being separated for a year. Most divorces are based on a one-year separation of the spouses, even if there has been cruelty or adultery. The universal Church, for its part, is gradually losing ground in the fight against divorce. The first blow came in 1970, when Italy legalized divorce, despite fierce opposition from the Vatican. An attempt to repeal Italy`s divorce law was soundly rejected in a referendum in 1974.
This was followed by Brazil, which legalized divorce in 1977, followed by Spain (1981), Argentina (1987), Ireland (1997) and Chile (2004). Annulment differs from divorce in that the parties must prove that the marriage was flawed from the beginning: that one or both were too young to marry (the minimum age in the Philippines is 18; for Muslim men it is 15, for girls « puberty »); appropriate parental consent has not been obtained; one of the parties was already married or suffering from an incurable sexually transmitted disease; or, more often, was « mentally incompetent » at the time of marriage. An ecclesiastical court or civil judge may then declare that the marriage never took place. A valid marriage may be dissolved by a decree of dissolution of marriage or divorce, and the Hindu Marriage Act, the Divorce Act and the Special Marriage Act permit such judgment only for certain reasons provided for in these laws: cruelty, adultery, desertion, apostasy from Hinduism, impotence, venereal disease, leprosy, membership in a religious order, invivance for seven years, or consensual consent if no reason should be given.