Divorce or dissolution of marriage is the ending of a marriage before the death of
either spouse.
It can be contrasted with an annulment, which is a
declaration that a marriage is void, though the effects of marriage may be recognized
in such unions, such as spousal support or alimony, child custody, child
support, and distribution of property.
Divorce laws vary considerably
around the world. It is banned in Malta and in the Philippines, but an annulment
is permitted.
In some jurisdictions, a divorce must be certified
by a court of law, as a legal action is needed to dissolve the prior legal act
of marriage. The terms of the divorce are also determined by the court, though
they may take into account prenuptial agreements or postnuptial agreements, or
simply ratify terms that the spouses have agreed on privately. Often, however,
the spouses disagree about the terms of the divorce, which can lead to stressful
and expensive litigation. Less adversarial approaches to divorce settlements
have recently emerged, such as mediation and collaborative divorce, which negotiate
mutually acceptable resolution to conflicts. In some other countries, like
Portugal, when the spouses agree to divorce and to the terms of the divorce,
it can be certified by a non judiciary administrative entity. |
