History of Divorce

History of Divorce

History of Divorce

India and Sri Lanka are the two countries that have the lowest divorce rates, around one and one and a half percent respectively. In this part of Asia divorce is still very rare, although it is more common in South East Asia. In India, for example, arranged marriage is still fairly prominent although not as common as it once was. Divorce is not deemed as acceptable as it is in other cultures and therefore many either make a concerted effort to work through relationship problems or remain in unhappy marriages.

Western jurisdictions, divorce (legally referred to as 'dissolution of marriage') does not require a party to assert fault on the part of their partner leading to the breakdown of their marriage. Prior to the onset of 'no-fault' statutes, a party would have to prove a ground, typically 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.' The requirement of proving a ground was revised (and withdrawn) by the terms of 'no-fault' statutes, which became popular in the United Kingdom, Australia, the United States, Canada, South Africa, and New Zealand in the late 1960s and early 1970s. In 'no-fault' jurisdictions, a simple, general allegation of 'irreconcilable differences,' or 'irretrievable break-down' with respect to the marriage relationship, sufficed to establish the end of the marriage.

A divorce must be certified (or ordered by a Judge) by a court of law to become effective. The terms of the divorce are usually determined by the court, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage, typically have to be rendered in writing to be enforceable). In the absence of agreement, a contested divorce may be stressful to the spouses. Contested divorces mean that one of several issues are required to be heard by a judge at trial level - this is more expensive and the parties will have to pay for a lawyer's time and preparation. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and continues to gain popularity.

Divorce was considered to be against the public interest, civil courts refused to grant a divorce if evidence revealed any hint of complicity between the husband and wife to divorce, or if they attempted to manufacture grounds for a divorce. Divorce can be sought by husband or wife on certain grounds, including: adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy. For consensual divorce there is a 6 months cooling off period after filing the consent terms in court before the divorce is granted. There are different laws for granting divorce in many communities.

Supreme Court and High Courts have been consistently giving landmark decisions in Divorce cases and thus creating a new set of rules, guidelines and precedents. Conscious of these changes and developments in our social set-up, we have created a team of experts who devote their time, energy and commitment to all the developments around in order to serve the need of the clients in the best and most efficacious manner . We believe that all Divorce cases are different from the other and each case has to be dealt in accordance with the complexities of the situation. We believe that no divorce case is too tough to handle and no case is too easy to be complacent.

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