Divorce and dissolution of marriage

Mr. Powell (“petitioner”) and Mrs. Powell (“respondent”) were lawfully married in April of 2003. In May 2016, the petitioner was granted an order of dissolution of marriage. In July 2004, the petitioner purchased a piece of land (“property”).

In the case Chicoine v. Chicoine, 479 N.W.2d 891 (S.D. 1992), the parties were married for three years before the wife engaged in a series of openly same-sex affairs. The husband obtained a temporary custody order for their two children and later filed for divorce on the grounds of extreme cruelty. The trial court awarded custody to the husband, granted the wife restricted visitation including unsupervised overnight visits, and imposed an additional condition prohibiting unrelated women or gay men from being present during the visitation.

This memorandum discusses the context, causes, consequences, and legal framework of child marriage in Bangladesh

The Children’s Protection and Welfare Act of 2011 aims to address issues of child custody. Stated goals of the act are to give women the right to raise their children and to protect the right of children to be supported by both of their parents.

This Code comprises the main body of laws of Thailand and regulates many aspects of Thai law. Section 1502 states that divorce may be effected only by mutual consent or by judgment of the court. The grounds of action for divorce are set out at Section 1516 and do not discriminate between genders.

Under the Civil Code, same-sex marriages are prohibited. In case of a divorce by mutual consent, the marriage can be dissolved if over a year has elapsed, the spouses have made a contract regarding divorce consequences, and they have full active legal capacity. If a couple has children, they have equal rights and duties as parents, regardless of whether they were married, divorced, or separated. A parent cannot surrender their rights or responsibilities over underage children.

This case concerned the determination of what constitutes relationship property in a divorce proceeding and how trusts may affect this determination (e.g. if a sham trust is implemented to hide assets, therefore affecting a woman’s economic rights in a divorce).  The term “relationship property” is defined in the Property Relationships Act of 1976, the principles of which focus on the equality of spouses and that at the end of a relationship, any economic divisions should reflect equal contributions made by the couple during the relationship.

Article 155 of the Civil Code sets out various grounds for divorce, including adultery, cruel treatment and serious insults, abandonment, and de facto separation for a specified period, among others. Under Article 158, the innocent spouse may initiate divorce proceedings, but must do so within six months from the time they became aware of the act that constitutes grounds for divorce. Article 163 also permits divorce by mutual consent, provided that both spouses agree and jointly submit the petition to the court.

The Venezuelan Civil Code (1982) sets forth rules on divorce, marriage, property, and succession. Article 185 lists the grounds for divorce, including adultery, physical or psychological abuse, abandonment, and marital rape. It also recognizes as serious grounds conspiracy by a spouse to corrupt or prostitute the other or the children, as well as collusion in such conduct. Article 185-A allows either spouse to petition for divorce after a de facto separation of more than five years, without proving fault or a specific cause.

Articles 435 through 445 of the Civil and Commercial Code define the legal dissolution of a marriage. A marriage can be dissolved due to the death of a spouse, because a spouse is missing and presumed dead, or through divorce (Article 435). Any waiver of the right to request divorce is null and void (Article 436). Divorce is only by judicial decree and can be at the request of one or both spouses (Article 437).