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Divorce

Divorce. Unit 23. Learning outcomes of the Unit 2 3. Students will be able to: define the concept of divorce explain the differen ce between divorce and annulment of marriage explain the differen ce between the marriage contract and other business contracts

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Divorce

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  1. Divorce Unit 23

  2. Learning outcomes of the Unit 23 • Students will be able to: • definetheconceptofdivorce • explainthedifference betweendivorceandannulmentofmarriage • explainthedifference betweenthemarriagecontractandotherbusinesscontracts • explainthechangesinthe UK legal systemconcerningdivorce • namethemainconsequencesofthedivorce • explain and translate key terms related to the topic

  3. Definition Divorce or dissolutionofmarriage is thefinalterminationof a marriage → cancelingthelegal dutiesand responsibilitiesofmarriage → dissolvingthebondsofmatrimony betweenmarriedpersons ≠anannulmentofmarriagewhich is a declarationthatamarriage is void

  4. Differencebetween a marriagecontractandothercontracts • spouses (contracting parties) do not determine the rules governing marriage, they are laid down by law • they do not agree on the grounds for the breach of the contract • they do not determine the compensation for the breach • they do not define the procedure of bringing a marriage contract to an end

  5. Doctrineofthematrimonialoffence In England before 1969 - “innocent” party had to prove that the other party was guilty of a wrongful conduct - adultery - cruelty - desertion (exception: incurable insanity, added as a ground by the 1937 Act) - background: the punitive approach of the ecclesiastical law to the spouse who caused the breakdown of a marriage

  6. Since 1969... JUDICIAL SEPARATION Irretrievable breakdown / differences on the basis of one of five grounds became the test for divorce: • adultery • unreasonable behaviour • desertion by the other partener after two years • separation with consent after two years • separation without consent after five years

  7. The Divorce Petition The divorce petition is • a formal complaint, • typically put together by one spouse with the help of a divorce lawyer • It's filed with the divorce court • usually must be filed in the county of residence of the person filing for divorce regardless of where the couple was married. The spouse who files the divorce petition is known from that point forward as thepetitioner, and the other spouse as the respondent.

  8. Consequences to beconsidered... The legal process for divorce may also involve issues of: • spousal support • child custody • child support • distribution of property • division of debt

  9. Read the text, p. 108, and find English expressions for the following Croatian equivalents. • poništiti, promijeniti ili otkazati/ukinuti ugovor • biti propisan zakonom • raskid ugovora • štetan/protuzakonit postupak poput preljuba, zlostavljanja i napuštanja • osnova za razvod • represivni pristup crkvenog prava • neuspjeh braka • raskid bračnih veza • čin nasilja

  10. Answerthefollowingquestions. • What does marriage have in common with other contracts? • What differentiates it from other contracts?(Who determines the rules governing marriage? Can the parties agree on what amounts to a breach of the contract, what the compensation is or how the contract is ended?) • Who was divorce granted to until 1969? • How does divorce usually affect children? • How has the public attitude to divorce changed in the last thirty years? • What are the admissable grounds for divorce nowdays? • What brought about the great change in perceiving divorce?

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