THE DIVORCE PROCEDURE IN THE REGULATION OF THE NEW CIVIL CODE AND THE CIVIL PROCEDURE CODE
THE DIVORCE PROCEDURE IN THE REGULATION OF THE NEW CIVIL CODE AND THE CIVIL PROCEDURE CODE

Summary/Abstract: Divorce is a legal means of breaking marriage that will have effects in the future. By divorce it is understood that marriage is rendered in spouses during the life of the spouses by court order for grave reasons attributable to both spouses or only the spouse who make it impossible to continue the marriage for the husband requesting her dissolution2 According to the provisions of civil law, marriage is terminated by the death of one of the spouses or by the judicial declaration of the death of one of the spouses. The court may divorce marriage if, for good reasons, the relations between the spouses are seriously injured and the continuation of marriage is no longer possible. By judicial excellence, divorce, whether pronounced on the initiative of one of the spouses or on the consent of both spouses, extinguishes, on the date of the irrevocable stay of the court ruling, the main effects of the legal act of marriage in spouses' relations, personal.3 Divorce is different from:4 - the termination of marriage (the death or judicial declaration of the husband's death); -finance of marriage (invalidity of marriage); - the actual separation (the actual separation of the spouses), when they remain married but have suspended the obligation of cohabitation; - body separation (an institution governed only by those systems of law that do not accept divorce or accept it under restrictive conditions such as Spain, Great Britain, France, Italy, called divorce anticameral or divorce of Catholics), consisting of the suspension by the court, at the request of one or both spouses, the obligation of cohabitation, the sharing of common goods, and the entrustment of minors to raising and education, the marriage remaining valid. Therefore, for divorce marriage dissolution it is necessary to cumulate the following conditions: - the existence of sound reasons that the court is competent to carefully analyze; - the impossibility of continuing marriage; - the serious deterioration of marriage relationships as a consequence of sound reasons.

• Details
• Contents