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The introduction of unilateral divorce legislation (UDL) starting in the late 1960s led to spikes in U.S. divorce rates. We ask whether making divorce easier affected the educational structure of marriage. Using marriage and divorce certificate data covering 1970–1988, we provide new evidence on the evolution of the educational structure of marriage inflows (newlyweds) and outflows (divorces). Next, we leverage the timing of UDL introduction across states to estimate its effects on both flows. We find that UDL affected the educational structure of divorce but not of new marriages: it made generally unstable hypogamous couples (women married to less educated partners) less likely to divorce and made homogamous couples more stable than hypergamous ones (women married to more educated partners). [ABSTRACT FROM AUTHOR]

This paper highlights Professor Gavin Jones’ seminal work on Asian divorce patterns, with a particular focus on Southeast Asia’s Muslim communities. Beginning in the 1980s, Jones addressed the challenges of fragmented and often unreliable demographic data on divorce. With careful compilation and analysis of aggregate data, paired with firsthand surveys and ethnographic studies, he set a foundation for examining shifting divorce trends in Southeast Asia. His findings challenged prevailing ethnocentric perspectives and questioned the notion that modernisation invariably leads to rising divorce rates. Jones stressed the importance of understanding divorce within the broader social, cultural, and historical contexts of the respective societies. Beyond his individual research, he was instrumental in cultivating a community of scholars studying marriage and divorce in Asia and fostering collaborations. Jones’ insights into Asia’s demographic shifts have been invaluable, and his legacy will continue to influence demographers for generations to come. [ABSTRACT FROM AUTHOR]

Many studies showed that marrying younger is associated with a higher risk of divorce. We investigate the causal effect of marrying at an earlier age on women's divorce risk. We exploit the introduction of the 1981 reform in China, which facilitated legal marriage for urban women younger than 25 years old, using the Chinese Census data. We show that the reform generated a kink in the mean age at marriage for women, which we use in a fuzzy regression kink design (RKD) to assess the causal effect of marrying younger on the probability of divorce. First, we confirm in our data the existence of a negative (in fact, a U-shaped) association between age at marriage and divorce, as commonly observed in previous studies from the USA. Then, we show that this association disappears in our analyses based on RKD. This finding suggests that the well-documented association between early marriage and divorce is in fact attributable to unobservable factors driving both marriage timing and the likelihood of divorce. We discuss the implications. [ABSTRACT FROM AUTHOR]

The Mālikī law school grants a wife the right to judicial divorce if her husband harms her. Mālikīs distinguish between harm that is legally actionable and harm that is non-actionable. A husband causes actionable harm (ḍarar) when he violates his wife's rights, which Mālikī scholars define broadly. By establishing ḍarar as grounds for divorce, Mālikīs demonstrate their willingness to limit a husband's marital authority and increase opportunities for a woman to leave her marriage. In this study, I highlight the types of evidence and procedures Mālikī jurists use to establish ḍarar and facilitate judicial divorce by examining four cases that deal with emotional, sexual, and physical harm. Through a substantive approach to law, Mālikīs offer several ways for a woman to collect evidence, prove her claim of harm, and receive a divorce. [ABSTRACT FROM AUTHOR]

During the 19th and 20th centuries, the Ottoman State underwent a process of modernization driven by political, legal, and social reforms. This period was marked by a cautious approach to change by Ottoman scholars, including Ömer Nasuhi Bilmen. Bilmen was a highly influential Muslim intellectual and Islamic legal scholar during the late Ottoman era and the early years of secular Turkey. This article examines Bilmen's confrontation of modernity and his responses to societal changes through specific issues relevant to his time in the late Ottoman era. It discusses his role in addressing obstacles, his observations of ongoing transformations, and his critiques of European hegemony and modernization. The study focuses on Bilmen's articles written in Ottoman Turkish between 1920 and 1922, particularly on marriage, divorce, polygamy, and population growth policies. [ABSTRACT FROM AUTHOR]

This paper studies whether unilateral divorce affects women's welfare. Unilateral divorce refers to a divorce regime where each of the spouses can dissolve the marriage unilaterally (i.e. without mutual consent). First, it builds a simple theoretical model that finds that women are better off under unilateral divorce than under mutual consent. Second, it makes use of data from the U.S. between 2003 and 2014 to explore empirically whether unilateral divorce affects the amount of time women devote to three different activities that might be seen as proxies of their level of welfare, such as, housework, leisure and relaxing activities, and personal care. We find causal evidence suggesting that unilateral divorce improves women's welfare. Namely, it reduces housework carried out by women, while it increases their amount of time devoted to leisure and relaxing activities, and personal care. Further results suggest these changes are not due to improvements in gender equality per se. Moreover, we find that the decrease in housework and the surges in leisure and relaxing activities are permanent, whereas the increase in personal care is temporary. These findings are important from a policy perspective to motivate the introduction of unilateral divorce laws. [ABSTRACT FROM AUTHOR]

Background: When a couple experiences emotional divorce, it can lead to boredom, a decrease in their connection, feelings of sadness and despair, and reduced reliance on one another. These consequences can have a lasting impact on the entire family. Therefore, the present study was designed to assess the affecting related factors of emotional divorce among Iranian people during the Covid19 pandemic. Methods: A descriptive-analytical study was performed on 900 men and women from 22 districts of Tehran who were selected by the available sampling methods from March to October 2021. Data collection tools are Guttmann demographic and Emotional Divorce Questionnaires. The Questionnaires were completed by the participants of the study. R 4.0.2 software was used to analyze the data, in addition, an independent t-test and chi-square were used to compare the subjects in terms of emotional divorce. Also, the multiple logistic regression method was used to determine the independent factors affecting emotional divorce. Results: The results showed that the related factors of emotional divorce include age, marriage rank, and duration of the marriage, choosing the spouse by parents, the education level of the couple, the job of the couple, infection of Covid19, and having disputes before Covid19 infection outbreak. Conclusion: Emotional divorce is considered as a social harm which could be the prelude to legal divorce. Therefore, studying affecting factors in any society can pave the way for culture-based interventions to reduce such social harms. [ABSTRACT FROM AUTHOR]

Understanding the determinants of prostitution is key to regulate it. This paper studies the hypothesis that marriage conditions are an economic determinant of female prostitution. I exploit differences in the timing of entry into force of divorce laws across U.S. states to explore the effect of such laws on arrests of female prostitutes. Using a difference-in-difference design, I find that unilateral divorce leads to a reduction of female arrested prostitutes between 5–10%. Results are consistent with the notion that improving marriage opportunities can be a powerful force to deter entry into prostitution for a subset of the population who is inframarginal. Lack of alternatives are key to explain the choice to conduct this activity. To this extent, this work is part of a broader research agenda hinting at improvements in gender equality as a mean for tapering off female prostitution. [ABSTRACT FROM AUTHOR]

The focus of this article is the Shari'ah-compliant Maldives family law's decennial working in fostering familial relations, gender justice, and children's welfare. The discourse and diametric of divorce procedures are based on the discursive analysis of the Maldives Family Act (2000). The article analyses the phenomenology of the rise in divorce in the Maldives based on the content and right-based approach of the breakdown theory of divorce under Sections 23-30 of the Act. The family jurisprudence and narrative in Maldives stem from the British colonial statutes, Portuguese legal traditions, and foundational values of Islamic laws and modern legislative reforms. The Quranic and Shari'ah-based norms are grounded in the Constitution of Maldives (2008) and there are requirements of international feminist law, most notably the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979). The diversity of factors relating to the dissolution of marriages vis a vis family dispute resolution by the Family Court and Magistrate Court offers insightful understanding of the real-world implementation of divorce law in general and break down theory of divorce in particularities of the Maldives. This article finds that a high incidence of divorce is primarily attributed to the breakdown theory of divorce recognised under Sections 23-30 of the Maldives Family Act (2000). In nutshell, marriage neither is the mega event of life nor is divorce a stigma in the Maldivian socio-legal milieu, and so are the frequent widower and divorcee re-marriages in Maldivian society. The application of the breakdown theory of divorce and its enforcement in the Maldives Family Act (2000) is a good example for refurbishing Shari'ah oriented as well as common law-based family laws across multicultural and heterogeneous jurisdictions of the world. [ABSTRACT FROM AUTHOR]

Copyright of Revista Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Trashumante. Revista Americana de Historia Social is the property of Universidad de Antioquia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study investigates how West German spouses have responded to the alimony reform introduced in 2008. This reform imposed financial self-responsibility after a finalized divorce. It weakened the relative bargaining position of the spouse with a claim for maintenance in the case of a potential divorce before the law change. Therefore, the present study helps to verify bargaining models by considering this policy change as a shift of spousal bargaining power. Estimating difference-in-differences models, I find that, indeed, wives who face a potential alimony loss might have increased their working hours as a result of the 2008 reform. Thus, this finding suggests that family law may affect labor market outcomes. To my knowledge, the present investigation is the first analysis of the behavioral response of individuals in longer marriages to this change in alimony law. Its approach to identifying those who have been (dis)advantaged by this reform is a new one, proposing a method that reflects the realities of alimony arrangements. [ABSTRACT FROM AUTHOR]

This paper differs from the researches of other critics who study Charles Dickens's novel Hard Times as a political novel that critiques industrialism and the autocratic discourse that oppresses the poor, while at the same time overlooks the social discourse related to marriage and divorce. This paper sheds light on two cases of troubled marriages in the novel and how these failed marriages cause depression and low self-respect for couples. Dickens expresses his boredom and dissatisfaction with his wife, Catherine Hogarth, through the desire of his characters, Stephen and Louisa, for a divorce or legal separation. The poor Stephen cannot divorce his alcoholic wife because it is costly and realizes that the laws of divorce have been made for the rich. The innocent Louisa marries old Bounderby to please her father and to provide financial aid for her dissolute brother and finds out that she has been exploited by the patriarchal rules of her society that ignores her female identity. [ABSTRACT FROM AUTHOR]

Copyright of Larq Journal for Philosophy, Linguistics & Social Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Jewish law has always co-existed with the surrounding legal cultures. Especially Samuel bar Abbas’s legal principle of “the law of the land is law” from the third century paved the way for an unproblematic adaptation of Jewish legal principles to square with the respective national law. When a Jewish state became re-established in 1948 parts of religious Jewish law became state-sanctionable, e.g. in matrimonial and inheritance law. This article tries to demonstrate the influence of national law on Jewish law using the example of Jewish marriage law.

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Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Contemporary Islamic Studiens Magazine is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Marriage, Separation & Divorce in England, 1500-1700 by K. J. Kesselring and Tim Stretton Their answer involves England's common-law custom of coverture and its "uncommon way of dealing with marital property", as reflected in early modern England's secular courts, which have been neglected by those studying marital separations and divorce (2). Kesselring and Stretton's monograph is now required reading on the English history of separation and divorce. [Extracted from the article]

Common law marriage has existed in the United States for more than 200 years. Although not permitted as widely today, every state continues to recognize a common law marriage from one of the handful of states that still permit parties to wed in this informal manner. In contrast, never has there been anything even approaching common law divorce—and for good reason. Namely, the states’ desire to ensure that those who leave unsuccessful marriages do so in such a way that their interests (as well as their children’s) are adequately protected. Nonetheless, even though not sanctioned by law, informal divorce not only exists but is far from uncommon. Specifically, by insisting on strict formality, states have perpetuated a system of divorce that—although much more accessible today than it was historically—effectively denies a large segment of the population the ability to legally dissolve a marriage. As a result, these individuals are more likely to forgo divorce altogether and instead simply go their separate ways without any judicial oversight whatsoever of the dissolution. In fact, a number of recent studies have not only revealed the extent of this practice but also revealed more troubling news that these individuals do not appear randomly in the population; instead, it is typically those of lower socioeconomic backgrounds, lesser education, and minority racial and ethnic communities who tend to informally separate in lieu of formally divorcing. This practice, dubbed a “poor man’s divorce,” is quite dangerous given that it leaves unsophisticated parties largely unprotected as they must decide amongst themselves—during a time of power imbalance and great interpersonal conflict—how to divide property and apportion parental responsibilities. Importantly, however, these informal “divorces” likewise compromise a number of important state interests. By focusing on those state harms and offering suggestions for reform, it is the goal of this Article that courts, legislators, and policy makers alike will be more incentivized and greater equipped to institute more meaningful access to divorce—particularly for those from marginalized communities—thus providing greater agency to those seeking to dissolve unsuccessful marriages. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Ilahiyat Researches / Ilahiyat Tetkikleri Dergisi is the property of Ataturk University Coordinatorship of Scientific Journals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Shaw addresses the argument and form of Ghosts with his 1908 play, Getting Married. With the creation of a new "disquisitory" form, Shaw provides an analogue to Ibsen's Ghosts. In Getting Married, Shaw dramatizes one long discussion on the status of marriage and the necessity for liberalizing divorce laws. Central in the loose narrative are three distinct "New Women," repudiating their duty to Victorian idealism and providing a snapshot of the myriad outcomes for women facing the same problem as Ghosts's Mrs. Alving. In its dramaturgical construction and underlying theme, Getting Married can be seen as response to the Alving's terrible marriage in Ibsen's Ghosts. Lesbia Grantham, Mrs. George Collins, and Edith Bridgenorth function as the potential future iterations of Helene Alving. Getting Married responds, reimagines, and redresses through discourse and dramaturgy a potential world and a potential marriage contract for women that Ibsen's dramatic plotting excises. [ABSTRACT FROM AUTHOR]

The purpose of the study is to uncover the main reasons/motives for seeking divorce among the Ukrainians in Halychyna in the 1920-1930 s, based on the analysis of the records of the court of the Lviv Greek-Catholic Metropolitan Consistory. The research methodology is based on the principle of historicism, as well as on general scientific and specific scientific methods, primarily the comparative-historical method. Priority was given to the study of archival documents and ethnographic literature which made it possible to analyze and compare data related to marriage and family dating back to the early 20th century with the data of the 19th century. The scientific novelty of the study lies in the fact that the motives and reasons for the Ukrainians seeking divorce in Halychyna in the 1920-1930 s have been analyzed on the basis of elaborated archival court cases for the first time in the Ukrainian historical science. The factual materials and theoretical generalizations presented in the article are important for understanding the socio-economic and socio-political realities inherent in the then rural society. Conclusions. Going through the divorce, the Ukrainian peasants of Halychyna were guided by various motives and reasons, relying mainly on the canonical requirements of the Ukrainian Greek Catholic Church and the law of custom. Among the main reasons for the family discord or marriage annulment in the interwar period were canonical ones, i.e. forced marriage, marriage between close relatives, bigamy, irregularity in the wedding ceremony (including non-Greek Catholic rite), formal termination of marriage to legitimize the long-standing "wild spouse". Other common reasons included immoral behavior, mental or physical illness, abuse, threats from a spouse, assault and battery. At the same time, adultery was not considered in rural areas a good reason to terminate the marriage. All these reasons were brought to the foreground in the context of emigration and wartime, when the separation of husbands and wives had lasted for years. In fact, by petitioning the ecclesiastical court to declare the missing members dead and to terminate the marriage, the suers wanted to arrange their personal life in a new way, guided by both practical considerations and emotional factors. That is why in archival documents most of the cases concern petitions for the termination of a marriage due to the death of one of the spouses and the legalization of the marriage "in faith" (unregistered marriage). The political motives for divorce were singled out as well, since such circumstances as the absence of the state, occupation of Halychyna by Poland, establishment of the Soviet regime in other Ukrainian lands became the basis for arrests, denunciations, political betrayals, fidelity tests and, eventually, divorces. [ABSTRACT FROM AUTHOR]

Likely to outlive their typically older husbands, Florentine widows’ fate and that of their property were of abiding concern to husbands and their heirs. Widows’ dowries especially represented a “debt” for the husbands, which came due on the dissolution of marriage. A debt, however, in Florence and elsewhere, existed on the basis of trust, which for dowry arose at the point it was pledged by a woman’s father or other kin. The legal maneuvers of one Florentine widow, Monna Vaggia, and the reactions of learned jurists to the problems she raised, show that such trust might be taken to persist into widowhood, as her husband sought in his testament to keep her and her dowry at the service of his heirs and his family in general. [ABSTRACT FROM AUTHOR]

Numerous studies find that married men earn more than single men. However, identifying whether and why marriage affects earnings is complicated by the fact that marriage market outcomes are jointly determined with potential earnings. As such, I exploit exogenous variation in marriage induced by the introduction of no-fault divorce laws in the USA to estimate the effect of marriage on the earnings of men. I find a 38% causal increase of marriage on earnings of husbands. This increase in earnings is explained by a large increase in labor market work after marriage. My findings are robust to the possibility of unobserved heterogeneity in the effect of marriage on earnings across individuals. [ABSTRACT FROM AUTHOR]

There are many points pertaining to justice and mercy in relation to doctrine, canon law, and pastoral practices regarding marriage and divorce that have arisen from two documents issued by His Holiness Pope Francis: first, his motu proprio Mitis Iudex Dominus Iesus, by which the canons of the Code of Canon Law pertaining to cases regarding the nullity of marriage were reformed; second, his post-synodal apostolic exhortation Amoris laetitia, on love in the family. Among the questions addressed in this article are: how can God be just and merciful at the same time? Can there be mercy without judgment? May those who have divorced and remarried without a declaration of nullity receive Holy Communion? This article describes how a well-formed conscience enables us to experience God's mercy and looks at how the moral law, canon law or church law, and civil law bind us and how they free us. [ABSTRACT FROM AUTHOR]

Marriage is the oldest and most important social legal institution. It is the basis of the family and its duty is to perform numerous social functions. Humans, in their life, as a primary goal have marital union, family creation, living conditions, personal and family well-being. Humans complete themselves with a healthy marriage and with the creation of a healthy family. The basis of the family in Islam is the almost precisely defined blood relationship and the marital agreement. Whereas marriage in secular law is a specific union, from the content of which derive its purposes. The purposes of marriage in secular law are: the purpose of cohabitation, the purpose of marital solidarity and the social purpose. Islam shows special care in strengthening the family and protecting it from everything that damages and undermines its structure, because the organisation of the family with its members guarantees the organisation of individuals and society in general. Islam has an average position between categorical prohibition and unqualified liberalization of divorce. While according to Islamic Sharia divorce is an act of the will, of the wife or the husband, to request if the marital relationship has been seriously or continuously disrupted, or when for other reasons it has been irrevocably dissolved. According to secular law, divorce cannot occur otherwise except by decision of the competent court, at the request of one spouse, or both. [ABSTRACT FROM AUTHOR]

Responding to current needs related to family, marriage, divorce, divorce settlement, the Civil Code provides the spouses with a new legislative technique, with tradition in community law and not only, known in our legal system until the communist regime declared it immoral, as the marriage convention. The choice of the matrimonial regime that best suits the wish of the spouses to live together, the possibility of changing it during the marriage, the imposition of special publicity formalities of the marriage conventions to protect the third parties, are elements of novelty of special importance that exceed the obvious perhaps normal shortcomings (starting with the lack of a legal definition of the marriage convention, with the possible derogations from the chosen matrimonial regime that can create the possibility of the abusive exercise of the rights of the spouses). Presenting specific elements of this institution in the European, American or Islamic system can create an overview of what pre- and post-marital contracts mean today. [ABSTRACT FROM AUTHOR]

The article looks at the Latvian marriage law during the period of 1918-1940, and how it copes with being betwixt and between the poles of conflicting moral values. The article sheds light on the discussions in the newly established Republic of Latvia regarding its marriage law, which was to be created and the development of the codification work took culminating in the Latvian Civil Code of 1937. Additionally, it draws parallels with the contemporary discussions in Latvia between the supporters of a more traditional conservative and a more modern liberal family and marriage law. [ABSTRACT FROM AUTHOR]

The focus of this research study is the law on the distribution of joint assets and child custody as a result of divorce against husbands and wives who work based on justice value. Article 97 Compilation of Islamic Law which determines that widows of divorced widows get a half share of the joint property. This is inseparable from the provisions of Article 31 and Article 34 of Law Number 1 of 1974 concerning Marriage. This study uses normative juridical method, sociological juridical method, and comparative juridical research method; and using decision data and interviews with judges of the religious courts, using critical paradigms and using inductive qualitative analysis. The results of the study were that the judge had begun to make legal discoveries. Factors that influence the ruling of the religious courts that do not bring about justice are substantial, structural, and cultural factors. The current division of shared assets and the rights of child ownership as a result of divorce is not yet fair, meaning that the construction of the distribution of shared assets and child rights as a result of divorce is currently granted by The reconstruction of the legal value of the distribution of shared assets due to divorce is carried out casually based on its contribution by taking into account the benefit and well-being of the company. [ABSTRACT FROM AUTHOR]

Current trends within family law in England and Wales favor the introduction of 'no fault' divorce. However, using empirical data, this article argues that there is still a place for 'fault' and that the law is an appropriate place to express emotion and 'blame'. In the context of civil partnership, where it is impossible to specifically cite an ex-partner's 'adultery' in the dissolution petition, the data indicate that petitioners have felt frustrated. This suggests that, were 'fault' to be removed entirely from the law, people may struggle to achieve emotional recovery after relationship breakdown, being offered fewer opportunities to tell their 'story'. [ABSTRACT FROM AUTHOR]

When Ireland removed the prohibition on divorce from its constitution in 1995 by way of a referendum, the result was achieved with a razor thin margin after a difficult campaign. The circumstances in which the 2019 referendum on divorce took place were very different. After the hotly contested marriage equality and abortion referendums, a proposal to liberalise the divorce regime by removing the paragraph relating to the mandatory separation period from the constitution, and to enact legislation to halve that period, was uncontroversial. The amendment received widespread support from both the public and the political elite. The campaign was muted and largely overshadowed by the local and European elections that were taking place at the same time. On 24 May 2019, 82 per cent of the electorate voted in favour of the Thirty-Eighth Amendment. This result can be seen as another step in the ongoing project to modernise the Irish constitution. [ABSTRACT FROM AUTHOR]

Despite of globalization and individualization processes throughout last decades, everyday individual life has radically changed. Particularly, traditional family system has been affected by these phenomena if we consider the increase in marital uncertainty and, hence, the de-legitimization of the old-fashioned conjugal bond. This is mostly due to the recent introduction of the divorce law through European Countries. For this reason, this descriptive study, supported by secondary statistical data, aims at analyzing both the marriage rate and the divorce rate from a longitudinal and comparative perspective. Furthermore, with the purpose to furnish an overview as more complete as possible, outside and inside marriage birth rates are taken into account. [ABSTRACT FROM AUTHOR]

We present three source texts. The first are the writings of father Dhiel, General Superintendent of the Reformed Evangelical Congregations, which dealt with matrimonial laws and divorces. Next is the draft act by A. Bieńkowski concerning property contracts between spouses, and the last are fragments of Civil Reform Committee session minutes regarding these writings. The author of the first text covered three issues of fundamental significance to the Protestants, those being: obstacles to contracting marriage, premises for divorce, and the problems of jurisdiction in divorce cases. The author of the published draft act, in turn, postulated the reinstatement of the separation of assets, which had functioned previously under ius terrestre as the statutory property regime in marriage. This solution was in direct opposition to the one introduced in the Napoleonic Code. The draft act was much shorter than the chapter of the Napoleonic Code that it was to replace: 34 articles as compared to 195. In many aspects it could be deemed fragmentary, written from the perspective of the landed gentry, and omitting many problems that concerned other social strata. [ABSTRACT FROM AUTHOR]

This article makes the case for reform of divorce law by demonstrating that the current provisions in the Divorce (Scotland) Act 1976 are not compliant with Article 8 ECHR. Scots law's mix of fault and no fault provisions requires the mandatory disclosure of often highly personal and intimate details in order to establish adultery, behaviour, or non-cohabitation. This statutory requirement to disclose private and personal information to the state, to fulfil the test for irretrievable breakdown of the marriage, constitutes an invasion of the spouses' privacy. The article then goes on to show that such invasion cannot be justified as necessary in a democratic society, in terms of Article 8 jurisprudence. Consequently, reform is required to ensure that Scots divorce law is ECHR compliant. The final section sets out a proposal to transform divorce law in Scotland into a no-fault notification procedure, removing the damaging and invasive process currently in force. [ABSTRACT FROM AUTHOR]

Austrian divorce law was in force in the territory of the former region of Galicia until the end of 1945. The possibility of seeking a civil divorce was determined by the internal law of the church that the betrothed couple belonged to on the wedding day. Thus, divorce was outlawed both for people of the Roman Catholic confession [§ 111(1) ABGB] and for married couples where even one of the spouses confessed the Roman Catholic religion at the time of their wedding to a non-Catholic Christian [§ 111(2) ABGB]. Not even a religious conversion on the part of the Catholic after the date of the wedding could create the possibility for the couple to obtain a divorce. In practice, Catholic residents of Małopolska resorted to "divorce migration" to more lenient legal jurisdictions. In any case, a divorce dispute was adjudicated before common courts according to state procedural rules. Divorce proceedings could be initiated in two ways, i.e. by unilateral request of one of the spouses, or by joint request of both spouses. Divorce in Jewish marriage was subject to certain legal differences, and could also be initiated in two ways, i.e. by the voluntary, uncontested request of both spouses [§§ 133-134 ABGB] or by way of a divorce application filed by the husband [§ 135(1) ABGB]. In both cases, the procedures were aimed at terminating the marriage by the husband's presenting the wife with a so-called bill of divorce. Different civil proceedings regulated divorce disputes in Krakow in the period described (1918- 1945), i.e. the Austrian proceedings until the end of 1932 and the Polish proceedings of 1930 thereafter. [ABSTRACT FROM AUTHOR]

This article analyses the effectiveness of the Japanese court-annexed family conciliation mechanism in resolving divorce disputes involving conflicts pertaining to minor children, particularly child visitation, and discusses potential future directions for the family law system. Japanese family conciliation deals with many family disputes, including divorce disputes involving children. Although family courts have recently begun promoting more visitation agreements than in the past, they continue to face difficulties in facilitating workable agreements for families. An interview-based research project conducted by the author involving active conciliators revealed the unique strengths of conciliators' efforts in supporting the involved parties, as well as the systemic limitations of family conciliations in effectively navigating parties undergoing family transition. The research found that such limitations are related to the lack of clear legal rules as a guiding norm for negotiations between divorcing parents. This finding leads to the question of how we should develop legal norms for visitation and post-divorce family relationships. The author draws two possible scenarios and argues that both raise difficult questions that should be answered using knowledge acquired from social science research about the reality of current family relationships and the daily functioning of family law systems, including family conciliation. [ABSTRACT FROM AUTHOR]

This grounded theory analysis examines the gray divorced population's attitudes about the divorce process, that is, whether those who have experienced a divorce at age 50 or older believe divorce should be easier or harder to obtain in U.S. society. Among the 40 men and 40 women interviewed in this analysis, there were divorce delayers, who wanted to make divorce laws stricter; divorce facilitators, who championed more flexible divorce laws; divorce ambivalents, who held mixed views; and marriage gatekeepers, who advocated on behalf of status quo divorce laws but tougher relationship-strengthening requirements before marriage. The diversity of these participants' views reflects those voices in the general population who continue to see divorce as a complex decision for most couples. [ABSTRACT FROM AUTHOR]

Copyright of Al-Adab / Al-ādāb is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Divorce is the only means by which a validly concluded marriage can be ended. The current law has widened the means by which married people can end their marriage; thus, along with the traditional judicial divorce, the spouses can end their marriage by notary procedure or by administrative procedure, before an officer of the city hall. The present study will describe the specifics of judiciary divorce in regard to material and territorial divorce, as well as the procedural quality of the parties by considering the regulation of divorce as a special procedure in by the Civil Procedure Code; we will also consider the material law provisions stated by the Civil Code. [ABSTRACT FROM AUTHOR]

In this article, we examine whether the business cycle plays a role in marriage and divorce. We use data on Spain, since the differences between recession and expansion periods across regions are quite pronounced in that country. We find that the unemployment rate is negatively associated with the marriage rate, pointing to a pro-cyclical evolution of marriage; however, the response of the divorce rate to the business cycle is mixed. Results show the existence of different patterns, depending on geography: divorce rates in coastal regions are pro-cyclical, while in inland regions divorces react to unemployment in a counter-cyclical way. [ABSTRACT FROM PUBLISHER]

Dissolution of the marriage is considered to end the social contract legally between a man and woman in society. The aim and objective of this article are to explore the factors of divorce in District Kech. The nature of the study was qualitative and the type of the study was exploratory. The researcher systematically analyzed the judgments of the cases filed from 2020 to 2022 in District Kech Makran. The researchers selected 20 cases and analyzed them thematically. The researchers find out that in District Kech marriages are dissolved due to many factors, such as addiction to drugs, non-payment of maintenance, hate, second marriage, domestic violence, interference from family, irresponsibility, ignorance, domestic violence, suspicion, desertion mental illness, physical illness, disappearance, and conviction. Counselling among the couple on the rights and duties and collective effort from the social institutions for the security and protection of the family is strongly recommended. [ABSTRACT FROM AUTHOR]