Divorce Unit 23

Learning outcomes of the Unit 23 Students will be able to: Students will be able to: 1. define the concept of divorce 2. explain the difference between divorce and annulment of marriage 3. explain the difference between the marriage contract and other business contracts 4. explain the changes in the UK legal system concerning divorce 5. name the main consequences of the divorce 6. explain and translate key terms related to the topic

Definition Divorce or dissolution of marriage is the final termination of a marriage → canceling the legal duties and → canceling the legal duties and responsibilities of marriage responsibilities of marriage → dissolving the bonds of matrimony → dissolving the bonds of matrimony between married persons between married persons ≠ an annulment of marriage which is a declaration that a marriage is void

Difference between a marriage contract and other contracts spouses (contracting parties) do not determine the rules governing marriage, they are laid down by law spouses (contracting parties) do not determine the rules governing marriage, they are laid down by law they do not agree on the grounds for the breach of the contract they do not agree on the grounds for the breach of the contract they do not determine the compensation for the breach they do not determine the compensation for the breach they do not define the procedure of bringing a marriage contract to an end they do not define the procedure of bringing a marriage contract to an end

Doctrine of the matrimonial offence In England before “innocent” party had to prove that the other party was guilty of a wrongful conduct - adultery - adultery - cruelty - cruelty - desertion - desertion (exception: incurable insanity, added as a ground by the 1937 Act) (exception: incurable insanity, added as a ground by the 1937 Act) - background: the punitive approach of the ecclesiastical law to the spouse who caused the breakdown of a marriage

Since JUDICIAL SEPARATION Irretrievable breakdown / differences on the basis of one of five grounds became the test for divorce: 1. adultery 2. unreasonable behaviour 3. desertion by the other partener after two years 4. separation with consent after two years 5. separation without consent after five years

The Divorce Petition The divorce petition is - a formal complaint, - typically put together by one spouse with the help of a divorce lawyer - It's filed with the divorce court - usually must be filed in the county of residence of the person filing for divorce regardless of where the couple was married. The spouse who files the divorce petition is known from that point forward as the petitioner, and the other spouse as the respondent.

Consequences to be considered... The legal process for divorce may also involve issues of: - spousal support - child custody - child support - distribution of property - division of debt

Read the text, p. 108, and find English expressions for the following Croatian equivalents. 1. poništiti, promijeniti ili otkazati/ukinuti ugovor 2. biti propisan zakonom 3. raskid ugovora 4. štetan/protuzakonit postupak poput preljuba, zlostavljanja i napuštanja 5. osnova za razvod 6. represivni pristup crkvenog prava 7. neuspjeh braka 8. raskid bračnih veza 9. čin nasilja

Answer the following questions. 1. What does marriage have in common with other contracts? 2. What differentiates it from other contracts? (Who determines the rules governing marriage? Can the parties agree on what amounts to a breach of the contract, what the compensation is or how the contract is ended?) 3. Who was divorce granted to until 1969? 4. How does divorce usually affect children? 5. How has the public attitude to divorce changed in the last thirty years? 6. What are the admissable grounds for divorce nowdays? 7. What brought about the great change in perceiving divorce?