divorce

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Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.
When those that are in a common-law relationship break up, it is referred to as separation, instead of a divorce.Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.The only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an alien and satisfies certain conditions. The Vatican City is an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

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  1. Erza

    NSW Can I keep full ownership of a house after divorce?

    I got married without a prenuptial or property agreement. After the marriage, I used my own funds to purchase a house. It has been two years, and I am now considering a divorce. Is it possible for me to retain full ownership of the house, given that I was the one who paid for it?
  2. M

    Divorce lawyers in Northern Virginia

    Facing divorce in Northern Virginia can be overwhelming. Without skilled legal representation, you risk unfair outcomes in property division and child custody. Don't let the complexities of divorce proceedings leave you feeling lost and vulnerable. Without a knowledgeable lawyer, you may...
  3. D

    NSW Serving divorce papers overseas _ to Canada but not via Hague Central Authority

    Hi, I have to serve sole divorce application documents overseas. I am Australian and the spouse is Canadian. She just lived in Australia for a short time and left more than four years ago. Can I complete the service by hand via a process server (they are called Huissier de Justice or Justice...
  4. C

    VIC Avoid going to court for the property settlement after 12mths has passed sicne divorce

    Hi, I was married for 10 years and got divorced for almost two years by now. Yes, 12 months has passed since the divorce order came in to effect. I am aware "once your divorce is final you only have 12 months to make an application to the Court for a property settlement unless there are...
  5. J

    NSW Property settlement without a divorce??

    Hi Thanks in advance for giving me some pointers/help. married 4 years together total of 5 years. My wife has lodged an AVO against me reporting financial abuse. This will be be contested as it is simply not true and is being used as a tool to get me out of the house as she wants to sell it. I...
  6. N

    NSW Any affect on permanent residency and citizenship status after divorce?

    Hi, my wife and I have been married for 4 years now. I’m the main applicant of visa and she’s always a dependant on me. First time I brought her to Australia on a 485 dependent visa (post study work visa) and after that I included her in subclass 190 visa (permanent residency) and got granted in...
  7. raypatel

    WA Australian Divorce, Overseas Marriage

    My marriage is over as per India's Hindu Marriage Act and after granting divorce in Australia, if I visit India and any legal problems arise with respect to the divorce granted, will Australian law or government help me?
  8. S

    Superannuation- how to split when one partner is from OS?

    Hi, looking for some clarity.. My partner and I are going through an amicable separation and are currently trying to account for our net wealth to consider how best to split our assets. We have been together for 8 years and married for 3 years (27th Sep 2020). My husband is a Canadian citizen...
  9. Marjan Emami

    Divorce

    I like to understand if, in a situation where a woman has purchased a home after the marriage but put it under both husband and wife names, covered the mortgage payments and all the other costs, and shouldered most of the living expenses, and she can provide evidence of this in court, would the...
  10. 0

    NSW Access to parents divorce settlement.

    My father has made me executor for his will. While going through the process, he took me through the will and I realised that my brother and myself were essentially cut out. My step-brothers would be getting the family home and some other investment properties, as well as the majority of other...