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. 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?
  2. 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...
  3. 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...
  4. 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...
  5. R

    VIC Claim after divorce - Property and spouse maintenance

    We got married in 1994. We got separated in 2014 send them to live in overseas and providing all support for their living and education. My wife and 2 kids lived overseas from 2014 to 2019. I got divorce order in Australia in May 2018 when they were living in overseas. After the divorce...
  6. U

    NSW Divorce Settlements

    Hi, We are a married couple of 10+ years and most likely going for a separation/divorce in NSW. I just want to understand how does the settlement works. If someone could please guide 1. We have a 5 year old son. 2. Both husband and wife are professionals and earn almost equally. Roughly 50-50...
  7. B

    SA desperate for your advice

    I married 11 years ago, and have two kids (11 and 8 years old). I am bread winner for 11 years. I am considering divorce. My questions are 1. I would like to care my kids (at least > 50%). If my wife and I cannot agree, how it is decided? Can the kids choose which parent they wants to live? Or...
  8. D

    exWife spent SMSF

    My marriage broke down in 2018 due to my wife having an affair. My wife was a Financial Planner and manage our financial affairs. She created a SMSF and had me roll over my superannuation from my retail fund to the SMSF. After separation, i found that the funds from the SMSF were gone. She told...
  9. H

    Overseas assets in divorce settlement

    Hello, I appreciate there have been a few questions on this but: My wonderful hairdresser ('X') has been taken on a long and drawn out separation over years with her ex-husband ('Y'). She finally got divorced this year and is now going through the settlement process. He had been refusing to...
  10. M

    WA Divorce

    Do I have up to my divorce being the absolute date after one yr of being divorced or just on that date of divorce itself