Divorce law by country

Some also include this to mean the stating of ‘Talaq’ three times at once to a wife, resulting in an instant divorce without route for reconciliation.

[88] If a wife cannot get her husband's agreement to a divorce, and he refuses to give ‘Talaq’,[89] her final option is to seek approval from a judge at an Islamic court through the Faskh process.

[90] However, the validity of a divorce from the spoken and instant Triple Talaq is controversial and debated, with many arguing it arises from an incorrect Quranic interpretation.

Countries that have abolished instant ‘Triple Talaq’ divorces include Pakistan, Egypt, Tunisia, Sri Lanka, Bangladesh, Turkey, Indonesia, Iraq and India.

[91] It is important to note that belief in the validity of a Triple Talaq divorce may persist culturally among individuals, even in countries where it is legally invalid.

[92] The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce), and faskh (dissolution/annulment of a marriage by an Islamic Court), which is the only route that a wife can take unilaterally.

Faskh is an annulment, meaning it rescinds the marriage as though it was never valid, and a wife must provide grounds and witnesses for a court to grant it.

[93] In Argentina, the legalisation of divorce was the result of a struggle between different governments and conservative groups, mostly connected to the Catholic Church.

Since January 2007,[99] Brazilian couples can request a divorce at a notary's office if they have no disputed property and no minor or special-needs children.

The couple need only present their national IDs and marriage certificate, and pay a fee to initiate the process, which is completed in two or three weeks.

However, as is common in other areas of interaction with the government in Brazil, an expert agent (despachante), expedites the process, and finalization of the documents by a lawyer is required.

[100] The 66th amendment to Brazil's Constitution, passed in 2010, removed the prior requirement of one year's separation before a divorce could take place.

On September 13, 2004, the Ontario Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-sex marriages, which at the time of the decision were recognized in three provinces and one territory.

While the overall law is standard at the federal level, each province has its own act determining the rules for the division of property and debt, as well as its own procedure for obtaining an order through the courts.

In British Columbia, the Family Law Act covers the division of property and debt between divorcing spouses.

[122] However, in recent research, it turns out the courts have shifted from mediation to adjudication as handling divorce cases after reforms of the Chinese judiciary in the 1990s,[123] and more effective and systematical approach has been restricted by Marriage Law.

[124] Additionally, divorce reform strictly defined domestic violence and expanded forms of matrimonial assets.

The parties need to reach also agreement on post-divorce child care, division of common property, housing and possibly alimony.

[126] The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent; acceptance; separation of one year;[127] and due to the 'fault' of one partner.

It was subsequently modified in 1793 and 1794, and eventually incorporated in the Civil code It was repealed on 8 May 1816, at the instigation mainly of the Catholic church, after the restoration of the Bourbon kings.

Hereupon filing a petition by anyone spouse before the Court of law a decree of nullity is passed declaring the marriage as null and void.

However, in 1995, a second amendment was approved by referendum with 50.3% in favour to allow divorce in circumstances where a couple had been separated for four out of the preceding five years, and proper provision is made for both spouses and any children.

A separation decree may be granted when there are facts that would render the continuation of married life intolerable or have a serious and damaging impact on the upbringing of the children.

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.

Application is made to the Family Court for dissolution on the grounds that the marriage or civil union has broken down irreconcilably and the spouses have been separated for two years or more.

In specific cases, with no children, real property, alimony, or common address, can be decree as summary within one hour.

The courts may accept any relevant evidence, but the law specifically mentions one year's separation, adultery, and habitual criminality as factors that may prove irretrievable breakdown.

[146] Similar in concept, but with more support than mediation, is collaborative divorce, where both sides are represented by attorneys but commit to negotiating a settlement without engaging in litigation.

Some believe that mediation may not be appropriate for all relationships, especially those that included physical or emotional abuse, or an imbalance of power and knowledge about the parties' finances.

A decree of divorce will generally not be granted until all questions regarding child care and custody, division of property and assets, and ongoing financial support are resolved.