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Forum
Started Dec 06 2012, 04:02
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Dec 06 2012, 04:02
Some Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been destroyed by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no".
The application can be made by either party or by both parties jointly.
In jurisdictions adopting the 'no-fault' principle in divorce proceedings, some courts may still take into account the behaviour of the parties when dividing property, debts, evaluating custody, and support—facts that almost always have considerable weight in fault proceedings. This is particularly true in custody cases, where the courts might consider many factors that mirror 'fault' grounds, such as drug abuse, alcoholism, violence, cruelty, instability, neglect, and possibly the preference of an intelligent, mature child.
ID#43405
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