FAMILY LAW DIVORCE III DIVORCE III General reasons

DIVORCE III • General reasons of divorce 2: • Rupture of marital union •

DIVORCE III • Rupture of marital union • According to art 166 paras 1

DIVORCE III • Conditions • 1. The rupture of the marital union • This

DIVORCE III • The pact of divorce • According to art 166 para 3,

DIVORCE III • The parties should apply to the court or one part should

DIVORCE III • Non establihment of the matrimonial life or de facto break up

DIVORCE III • Condition: • 1. The rejection of the before filed divorce case

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FAMILY LAW DIVORCE III

DIVORCE III • General reasons of divorce 2: • Rupture of marital union • Pact of divorce • Non establihment of the matrimonial life or de facto break up

DIVORCE III • Rupture of marital union • According to art 166 paras 1 and 2, if the marital union is ruptured as the conjugal life cannot be expected from the spouses, the divorce file can be opened. • The judge will decide whether the conjugal life has became unberable for spouses. • The intention of the spouses for the unberability of the conjugal life doesn’t matter for the divorce case.

DIVORCE III • Conditions • 1. The rupture of the marital union • This signifies the main disaccord between spouses. • 2. The rupture must make the conjugal life unberable for at least one spouse • The judge will decide whether this condition exists or not. • There isn’t a list stated in law. In should be considered case by case.

DIVORCE III • The pact of divorce • According to art 166 para 3, the spouses can make an agreement about divorce. • But as conveniently to the general principle, spouses cannot do divorce just by the pact of divorce. They should apply to the judge in order to get a divorce decision. • For the divorce with a pact, the marriage should last at leasst one year. The logic behind it is that the parties should try to live as married couple for at least one year.

DIVORCE III • The parties should apply to the court or one part should accept the case filed by the other part. • The judge should make a hearing and listen both spouses about the divorce and the unberability of the martial union. • The judge also should check the pact of divorce concluded by the spouses. This pact shouldn’t be written pact. The judge can make some changes in faavor of the spouses and/or child(s).

DIVORCE III • Non establihment of the matrimonial life or de facto break up • This is the last general divorce reason. • It is regulated in art 166 para 4 of the TCC. • The logic behind this reason is that the de facto broken up spousees cannot continue in the conjugal life.

DIVORCE III • Condition: • 1. The rejection of the before filed divorce case • 2. 3 years after the rejection • 3. No conjugal life since the rejection • 4. A divorce case filed by one of the spouses