What are the Legal Consequences of Divorce?


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Marriage according to https://www.daviesdivorcelaw.com/ is the law governed by the union of the life of two human beings and as such, it should be the embodiment of bondage and harmony between them, and it will last forever. However, the modern age brings with it big changes concerning marriage and marital life and leads to a massive occurrence of divorce. Each spouse has the right to divorce if marital relations are seriously and permanently disrupted or if the spouse’s life spouse can not objectively be realized.

Viewed through history, marriage was defined in different ways, so the reasons for divorce were changed. In the Old Century, the most important causes were the infertility of women and adultery, and only for the benefit of the husband. In the Middle Ages, the theory of the Christian Church about the inviolability of marriage prevailed, which the Orthodox Church alleviated by referring to the Gospel of Matthew, which indicates that marriage can cease due to adultery. The new century and the French Revolution brought a reversal, and the divorce was considered a logical consequence of marriage. Today, almost all countries allow divorce, and as the most common reasons, money, money fraud, disagreement in important life issues, social networks, mixing the roles and wider family as well as domestic violence are taken.

Procedure before the court

Marriage can be terminated in an appropriate court procedure, and can be initiated in two ways. The first is a consensual divorce, where there is a consent of the spouse to break the marriage, as well as consent to all important issues, while the second divorce on the lawsuit submitted to the court in the place where the defendant resides and can be filed in the place where the spouses had the last common dwelling. In the divorce proceedings, a mediation procedure is envisaged in order for the parties to calm down or reach an agreement on the most important things. [Mediation is performed by an individual judge. This process involves two phases: an attempt to reconcile and an attempt to settle. The interference is carried out within two months of the delivery of the lawsuit to the court or the relevant institution, and if it succeeds, divorce law shall be considered withdrawn, otherwise the settlement procedure shall commence. The aim of the settlement is to eliminate post-conflict conflicts, that is, that former spouses agree on the exercise of parental rights and (or) the sharing of common property. The settlement must be achieved within two months of the end of the conciliation, and may succeed in whole or in part.

The consequences of divorce

Divorce leads to certain legal consequences. Parental rights issues, the division of common property are raised, there are successive and other civil consequences.

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