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.