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Published on : Jan 08, 2015
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Slide 1 - Divorce
Slide 2 - Divorce The legal termination of marriage Dissolution of marriage Under English law, the only basis for divorce is the irretrievable breakdown of marriage The official request to a court to end a marriage is called divorce petition
Slide 3 - Fault divorce Until 1969, most states required grounds for divorce – the guilty party and the innocent party In England, divorce would be granted only to the innocent party (petitioner) who could prove that the other party (respondent) committed a matrimonial offence Largely based on the church (ecclesiastical) law
Slide 4 - Matrimonial offences Adultery Intolerable Cruelty Desertion
Slide 5 - “Uncontested” divorce Both sides deliberately agreed that the wrongful conduct would be claimed – even untruthfully Perjury – lying under oath
Slide 6 - No-fault divorce After 1969 Pioneered in the US by the State of California with the passage of the Family Law Act of 1969 The Act signed by Governor R. Reagan on September 4, 1969 and became valid on January 1, 1970 Abolished the old common law for divorce
Slide 7 - Grounds for no-fault divorce Less specific reasons, such as incompatibility or irreconcilable differences The court decides how to divide communal property and who gets custody of the children If one of the spouses is financially dependent on the other, the court will usually order the other one to pay alimony (AmE) or maintenance (BrE)
Slide 8 - Elements of divorce Dissolving the marriage – the formal legal process by which the marriage is ended Financial arrangements – the process of dividing up the marital assets and agreeing on maintenance Childcare arrangements – the process of deciding who the children of the marriage will live with (residency) and how much contact the non-resident parent will have
Slide 9 - Dissolving the marriage Petition for divorce Acknowledgement of service Obtain Decree Nisi Obtain Decree Absolute (after six weeks)
Slide 10 - Financial arrangements Apply for Ancillary Relief Financial disclosure Negotiation Obtain financial court order
Slide 11 - Childcare arrangements Agreement Application for residence and/or contact Investigation Residency court order
Slide 12 - Divorce today In the UK, 40 % of marriages end in divorce In the USA almost 50 % Croatia – current statistics show that every fifth marriages ends in divorce
Slide 13 - Vocabulary Dissolution of marriage – razvrgnuće braka To file a divorce petition – podnijeti zahtjev za razvod braka Petitioner – tužitelj u brakorazvodnoj parnici Decree of divorce – rješenje o rastavi braka No fault divorce, uncontested divorce – sporazumni razvod braka
Slide 14 - Vocabulary II Decree Nisi – privremeno rješenje o razvodu braka Decree Absolute – pravomoćna presuda o razvodu braka Ancillary relief – financijska pomoć kod razvoda Financial disclosure – iznošenje podataka o financijama
Slide 15 - Vocabulary exercise Fill in the blanks with the most appropriate word(s) from the list below: grounds, separation, irretrievably, cohabitation, circumstances, respondent, family, relief An action for _________________ or divorce begins by filing a signed and sworn statement with the court indicating that sufficient grounds for __________ from marriage exist. After the complaint is filed, it is served on the _______________, who has time to file an answer to the complaint. The _____________ court can issue a decree for divorce under a number of _________________. The court will grant a divorce when the marriage is _____________ broken. The parties can also get a divorce when there is no reasonable likelihood that _________________ will resume and the court is satisfied it would not be harsh or contrary to the public interest to grant the divorce on the ____________ requested.
Slide 16 - Answer key An action for SEPARATION or divorce begins by filing a signed and sworn statement with the court indicating that sufficient grounds for RELIEF from marriage exist. After the complaint is filed, it is served on the RESPONDENT, who has time to file an answer to the complaint. The FAMILY court can issue a decree for divorce under a number of CIRCUMSTANCES. The court will grant a divorce when the marriage is IRRETRIEVABLY broken. The parties can also get a divorce when there is no reasonable likelihood that COHABITATION will resume and the court is satisfied it would not be harsh or contrary to the public interest to grant the divorce on the GROUNDS requested.