Unit 23 DIVORCE

Judicial Divorce under English Law MARRIAGE DISSOLUTION / TERMINATION BREAKDOWN OF MARRIAGE The rules governing marriage (eg. What is to amount to a breach of the contract; What compensation shall be paid for any such breach; How the contract may be brought to an end etc.) Determined by the law of the land

Divorce Law in England before 1969 THE DOCTRINE OF MATRIMONIAL OFFENCE -Divorce granted only to the “innocent” party to a marriage who could prove that the other party had been guilty of some wrongful conduct such as ADULTORYCRUELTYDESERTION

Change of Attitude to Divorce -a growing fashion for divorce – an increase in the popularity of marriage -MARRIAGE – no longer necessary permanent (people marry younger with less preparation) MARRIAGE NOWADAYS an attempt at finding a life-partner

Divorce procedure filing a DIVORCE PETITION PETITIONER RESPONDENT granting a DIVORCE DECREE

The Grounds for Divorce under English law divorce in England & Wales "irretrievable breakdown" of the marriage - must be proved by evidence of one of five "facts"  Adultery  Unreasonable behaviour (e.g. habitual drunkenness; violence …) (the most frequent ground – an “instant divorce”)  Desertion  Two years' separation with consent  Five years' separation without consent

How to obtain divorce under English divorce law? "irreconcilable differences“ (unhappy marriage which couples want to bring to an end) –the most common reason why people file for divorce -not possible to obtain divorce based on it To obtain a divorce on this ground English law insists that that one of the the marriage has broken down irretrievably that one of the parties to the marriage has behaved in such an unreasonable manner that the other finds it intolerable to live with him or her

Essential expressions -dissolution /termination/annulment / breakdown of marriage -to avoid/terminate/annul/vary marriage -to obtain divorce -grounds for divorce -to file a divorce petition -to grant a divorce decree -irretrievable breakdown -irreconcilable differences -a petitioner / a respondent -adultery, cruelty, desertion -fault / no-fault divorce

Complete the following sentences. 1.The rules governing marriage are determined by …. 2.Until 1969 the grounds for a divorce were …. 3.Where there are children the violent deed of the final rupture called divorce can be tragic because the children suffer either from ….. or ….. 4.In the last decades most people …… divorce. 5.A consequence of the growing fashion for divorce has been ….. and … 6.There has been a complete change of attitude to ….. and in …..

Find English equivalents for the following legal terms and expressions. 1.poništiti, promijeniti ili prekinuti ugovor 2.biti propisan zakonom 3.kršenje/povreda ugovora 4.štetan/protuzakonit postupak poput preljuba, okrutnosti i napuštanja 5.osnova/temelj za razvod 6.neuspjeh braka 7.raskid bračnih veza 8.čin nasilja 9.Imati doživotnu kaznu za nužnu posljedicu