Divorce has been in existence since ancient history. Even in the year 100 BC, Julius Caesar was asked to divorce his wife, by the most powerful man in
Breaking a marital bond is not easy. If at all a married couple decides to terminate their relationship, it is only if the marriage has irrevocably broken down. And, this is the only ground on which divorce is permitted in the
Reasons for a Divorce
Adultery can be used as a valid ground for a divorce, if the partner indulges in sexual contact with a person of the opposite sex outside marital boundary. Majority of the divorces in the
Unreasonable Behaviour
Adultery and unreasonable behaviour of the spouse are the two major reasons used by the divorcing couples in the
The other reasons for which a divorce is granted are;
- Desertion by the spouse for a period of more than 2 years followed by no attempts of reconciliation since then.
- Separation for 2 years but requiring the consent of the spouse for a divorce
- Separation for 5 years which does not require spousal consent for the divorce.
Once the couple establish the reason for their marital breakdown, initiation of the divorce process is just a petition away.
The Divorce Process
The petitioner (usually the woman) files for a divorce and pays the court fee. The petition has to be accompanied by the original marriage certificate. This certificate is retained by the court. It is necessary that the petitions contain only true facts. It is also desirable that a draft of the petition be sent to the respondent before submitting it to the court. This enables reaching an agreement over the particulars cited.
Upon filing the petition, the respondent is sent a copy of it along with a ‘statement of arrangement’ made for the children. This is the juncture at which majority of the divorce processes get delayed. For, the legally worded petition though self explanatory makes lay men apprehensive. They seek a solicitor’s advice before committing themselves by either filling the form or inking their signature.
Especially confounding is the prayer that appears at the end of the petition. The prayer mentions the financial aspects of the divorce like the ancillary relief, property settlement, etc.
After the respondent completes and signs the acknowledgement form, a copy of it is sent to the petitioner. This enables the filing of an application for the ‘decree nisi.’ The application is followed by a court issued certificate, declaring the date of pronunciation of the ‘decree nisi.’
‘Decree Nisi’ and ‘Decree Absolute’
6 weeks after the pronunciation of the decree nisi, the petitioner can apply for turning the decree nisi absolute. The marital partners are granted the privilege of reconciling and calling off the proceedings any time before the granting of the ‘decree absolute.’
Obtaining a divorce in the
The usual issues for contention are either the children or marital property settlements. Mediators help prevent conflicts and promote an amicable understanding. They play a strictly neutral role and do not offer legal advice to any party. Collaborative family law is another concept, (borrowed from the
Though, all divorcing couples might not appreciate the help offered by a mediator or collaborative law, they do realise the importance of an amicable split. And, majority of the divorcing couples are terminating their marital relationship without contesting their divorce.
