Grounds For Divorce Research Articles

A Small Comparative Study on No-Fault Grounds for Divorce

A Small Comparative Study on No-Fault Grounds for Divorce

Saintly relationships or grounds for divorce? An examination of workshop links between two medieval polychrome sculptures

AbstractThis article employs a combined approach of technical analysis and object biographical research to reassess a 1930s art historical attribution. Two late-medieval polychrome sculptures are examined in the following case study to test a hypothesis suggested by others that they had previously been part of the same altarpiece. This hypothesis is re-evaluated by means of material investigations. Comparisons of the construction techniques and wood used are highly indicative of different workshops. In addition, painting techniques, pigments and layering structures used in the polychromy emphasise the differences between the sculptures. The sculptures’ treatment history on entry into the museum has further accentuated their differences, and has led to divergent conditions of preservation and current appearance of the sculptures. This highlights the effect that conservation treatment or lack thereof can have on an object and its interpretation. Material investigations have not been able to lend support to ...

The influence of National Socialism on divorce law in Austria and the Netherlands

This article provides a comparative overview of the influences of National Socialism on divorce law in Austria and the Netherlands between 1938 (Austria)/1940 (the Netherlands) and 1945. One of the primary goals of National Socialism was the establishment of a racially ‘pure‘ Volksgemeinschaft. To that end, marriages that, for whatever reason, were no longer productive, or which would lead to the mingling of Aryan blood and racially “inferior” blood should be dissolved. Therefore the National Socialists substantially revised German divorce law, which was introduced in Austria in 1938 as well. This 1938 Marriage Law, albeit substantially altered and denazified, still serves as the basis of Austrian marriage and divorce law. In the Netherlands, regarded as much a brother nation to Germany as Austria was, attempts were made during the occupation to revise Dutch divorce law, partly because it was generally believed that the grounds for divorce had to be widened somewhat, partly to attune Dutch divorce law to National Socialism. However, these revisions were never enacted.

The Investigation and Comparison of Experience of Divorce in Divorced Men and Women (Meanings, Contexts, Outcomes, and Adjustment after Divorce)

The aim of this qualitative study is to investigate the experience of divorced in men and women with respect to implications, backgrounds, consequences and compatibility of divorce and compares their experiences in this regard. To this end, the phenomenology method of qualitative research has been adopted in this study. 25 persons (13 females and 12 males) were selected using purposive sampling based on standard sampling strategy until data saturation was achieved. Semi-structured interviews were used to collect data. To analyze the data derived from phenomenological interviews, thematic analysis was employed. The research findings were divided into four general categories of divorce implications, backgrounds for divorce, divorce consequences and divorce adaptation. Each of these categories was further divided into sub-themes. In the category of divorce implications, two themes of perceived implications of divorce and semantic dimensions of divorce were discussed. The sub theme related to the perceived implications of divorce was additionally divided into three sub scales of divorce salvation, divorce as the last resort and negative implication of divorce. The sub-theme of semantic dimensions of divorce was also divided into three sub scales related to social, personal and sexual dimensions of divorce. In this study, the emphasis has been on the backgrounds for divorce rather than causes of divorce. The findings related to the backgrounds for divorce include 9 sub-themes which were divided into four general themes associated with large, medium, small and interactive dimensions. The consequences of divorce consisted of 17 sub-themes which were divided into three general subjects associated with economic, sociocultural and personal dimensions. Compatibility was also composed of 9 sub-themes divided into three general themes related to personal, domestic, socioeconomic and the presence of children. As for the disparity between men and women experience, the results showed that divorce experience was affected by the gender of participants in cultural and social settings. As for the implications and grounds for divorce, men and women had identical experiences, but there they were different in term of how they had gained those experiences. This difference was especially significant with respect to divorce consequences and compatibility. For men, divorce consequences are more notable with respect to emotional and personal dimension but for women, the social and cultural dimension is highlighted. Moreover, divorce tends to be considered as an internal matter for men and an external matter for women. Finally, it is concluded that this structure demonstrates the interactive nature of divorce dimensions, divorce, the reciprocity of divorce backgrounds, and structural relationship between various aspects of divorce. Thus, any preventive programs, counseling and intervention in divorce crisis should take such structural, complex and multidimensional relationships into consideration.

Do European Union Member States Have to Respect Human Rights? The Application of the European Union's "Federal Bill of Rights" to Member States

The respect of fundamental rights is one of the cornerstones of the European Union. It is a precondition of membership and it is listed among the core values of the Union. Still, as the recent controversies between the European Commission and some Member States revealed, EU law contains no effective mechanism to compel Member States to respect fundamental rights and freedoms in general. This paper presents and examines the EU architecture of fundamental rights protection. First, it demonstrates that the EU Charter of Fundamental Rights (the “EU bill of rights”) applies predominantly to EU institutions (that is, “federal” institutions); it applies to Member States only when they act as the EU’s “agents” (when they implement EU law). Although this approach may appear to be illogical, it does have its clear and legitimate reasons and it is far from unprecedented. In fact, it very much resembles the first century of the United States constitutional architecture. It is to be noted that though the EU does have the means to call Member States to account in case they violate fundamental rights, this action is a “nuclear bomb” and is hardly apt for handling human rights problems; not to mention that the application of this is almost politically unattainable. Second, it demonstrates how, in certain cases at least, the Commission “cooked from what it had” in that it used unconnected (that is, non-human-rights-related) provisions of EU law to shelter fundamental rights (e.g., the free movement principles of the internal market to protect minority rights or the prohibition of discrimination based on age to protect the independence of the judiciary). The use of the “supportive by-effects” of these economic rights is novel but not fully unprecedented. In fact, it resembles how the U.S. Congress used its commerce power to protect civil rights. Third, it argues that although the present architecture is certainly not the best of all possible worlds and the full federalization of human rights is a tempting option, the bifurcation of the “federal bill of rights” (the EU Charter of Fundamental Rights) has a solid basis and federalization is compelling only regarding those fundamental values and rights the violation of which qualifies as a “ground of divorce.” Accordingly, while the current system obviously calls for a reform, in terms of approach, this constitutional architecture has its merits in the context of what the multicolored European federation needs. On the one hand, the core of human rights protection cannot be subject to territorial variations and the violation of the nucleus of these rights cannot be justified with reference to constitutional identity. On the other hand, outside this sphere, to use the terminology of the European Court of Human Rights, European federalism demands respect for the Member States’ margin of appreciation.

Bourgeois Women and The Question of Divorce in Finland in The Late 19th and Early 20th Centuries

This article explores perceptions and actions of Finnish upper-middle-class women with regard to divorce in the late 19th century and early 20th century. Divorce was discussed in the periodicals of bourgeois women’s associations and later in Finnish Parliament, in which several leading figures of the bourgeois women’s associations were elected as members from 1907 onwards. Compared to other issues related to marriage and its legislation, divorce was not an especially important question for bourgeois women, but a tool to promote other issues. Women writers demanded drunkenness and violence as new grounds for divorce, and proposed that loveless marriages should be made possible to dissolve. Moreover, writers were concerned about mothers’ custodian rights over their children, and demanded that mothers should be given the primary right to guardianship after divorce. Even though upper-middle-class women presented straight opinions about divorce in their periodicals, women parliamentarians brought out their claims only indirectly in their bills. Nevertheless, most of their objectives were realized when the new Marriage Act was approved in 1929.

Avoiding the Vulva: Judicial Interpretations of Lesbian Sex Under the Divorce Act, 1968

Abstract The Divorce Act, 1968, provided no-fault divorce for the first time. It also included a list of fault-based grounds for divorce. In addition to the traditional grounds, a spouse whose wife or husband had “engaged in a homosexual act” during the marriage could petition for divorce. This novel provision was aimed at giving husbands a way to divorce their lesbian wives. A close reading of the resulting jurisprudence and surrounding context shows not only that courts struggled to define the homosexual act between women, but also that the legal history of lesbian women differs from that of gay men in a number of respects. Notably, male homosexuality was regulated primarily through criminal law. In contrast, when parliamentarians specifically addressed lesbians, they turned their minds to the family and family law.

Domestic violence laws and suicide in Mexico

In the mid-1990s Mexican states began adopting reforms that for the first time criminalized domestic violence. Two separate policies were also adopted which allowed domestic violence to be grounds for divorce and established prevention and assistance programs for victims of domestic violence. I exploit the variation in time and geography to estimate the impact of these three policies on female suicide rates using a difference-in-difference methodology. The results indicate that states that criminalized domestic violence exhibited a 22–34% decrease in suicide rates compared to non-adopting states, but there is no robust evidence that the other two policies had any impact. A battery of tests provides support for the robustness of these findings and indicates that most of the effects are concentrated among married women. Analysis of a cross-sectional, nationally representative survey covering violence against women in Mexico suggests reduction in sexual and physical violence as a possible mechanism behind the reduction in female suicide rates. These findings are consistent with an intra-household bargaining model with asymmetric information and costly conflict which predicts that policies that reduce conflict within the household can reduce female suicides. The results highlight the importance of developing and implementing policies that facilitate reporting and providing access to legal institutions for victims of domestic violence, which can in turn improve a victim’s wellbeing.

Religion as a Determinant of Child Welfare in Custody Cases in Malaysia and Classical Islamic Law: A Comparative Overview

It is paramount to consider the welfare of a child when determining the custody of a child. However, in the event of a parent’s conversion to Islam, the issue of religion also arises, i.e. whether the religion of a parent is considered the main factor or one of several factors in determining the interests of the child. In Malaysia, since both Islamic and civil law recognise conversion as grounds for divorce, the question concerning the custody of children and the determinants of religion for the best interest of children will be the main issue. This research aims to examine the significance of religion in determining the welfare of children in custodial dispute cases and to search for possible solutions from the perspective of Islamic jurisprudence relating to custodial conflict upon conversion of one spouse to another religion, particularly in a multiracial country like Malaysia. Our findings show that religion is the primary criterion in determining the welfare of children in custody cases from the classical Islamic point of view. However, Islamic law also offers various other solutions if there is a conflict involving non-Muslim parents.

ІСТОРИКО-ПРАВОВИЙ АСПЕКТ ПЕРЕДУМОВ ВИНИКНЕННЯ ДОМАШНЬОГО НАСИЛЬСТВА ЩОДО ЖІНОК

In recent decades, the issue of gender balance and combating sex discrimination has become widespread in all developed countries, thus to some extent reflecting the level of development of society achieved by a country. According to the World Health Organization, one in six women has experienced domestic violence. The article analyzes scientific works in terms of studying the historical aspects of the preconditions for the emergence of domestic violence against women as a complex and historically stable phenomenon. Normative documents of different epochs and during Ukraine's stay in other states are analyzed, as a result of which it is established that the problem of domestic violence has always existed, regardless of the evolutionary stage of society at one time or another. Analysis of historical sources shows that gender-based violence has always been a part of human existence. Its various origins can be traced back to antiquity. Even then, women had the status of enslaved people in society. It is concluded that women, since the existence of the Scythian state, have been dependent on men and have experienced various manifestations of gender inequality, such as: lack of property rights and inheritance; the possibility of buying and abducting a woman, transfer to temporary slavery, bail and employment; restriction of the grounds for divorce at the will of the wife; establishment of the institution of guardianship over women. It is concluded that women, since the existence of the Scythian state, have been dependent on men and have experienced various manifestations of gender inequality, such as: lack of property rights and inheritance; the possibility of buying and abducting a woman, transfer to temporary slavery, bail and employment; restriction of the grounds for divorce at the will of the wife; establishment of the institution of guardianship over women.

Grounds for Divorce as Values in Rabbinic Law

Grounds for Divorce as Values in Rabbinic Law

Grounds for Divorce as Values in Rabbinic Law

Contemporary family law scholars and practitioners continue to debate the role of morals and values within divorce law. This article turns to early Jewish law to examine three systems of divorce law and the correspondence between grounds for divorce and the family values espoused by these systems. While an ancient, highly gendered system of law may seem an unlikely place to look for inspiration for a modern, liberal society, examining the way the rabbis of the Talmud responded to and improved upon earlier law reveals a strong awareness of the ways in which grounds for divorce reflect the underlying values of the conception of the family. Thus, this study suggests that this ancient system can afford a unique comparative lens for considering and questioning contemporary legal assumptions about the values reflected in modern divorce law.

Delaying Divorce

A period of separation is a ground for divorce in some countries. During this waiting period, some parents live apart in two separate residences, while other parents live apart in one residence. In this article, I examine the experiences of fathers who remain living in the same residence as their former partners and the experiences of a number of fathers who had to move out of the family home and live in a separate residence after the decision to separate. The findings show that restrictive divorce policies that delay divorce potentially create a situation of prolonged boundary ambiguity which complicate the process of renegotiating boundaries between parenting and former spousal relationships on divorce. The article argues that for a sample of divorced fathers, the policies that require a prolonged waiting period relate in some way to issues of unclear boundaries.

Drug Courts - Just the Beginning: How to Get Other Areas of Public Policy in Sync? Addressing Continuing Collateral Consequences for Drug Offenders

In 2003, I prepared an article for the Middle Eastern-Mediterranean Summer Institute on Drug Use: “Drug Courts – Just the Beginning: Getting Other Areas of Public Policy in Sync” which highlighted five areas of public policy in the U.S., unconnected to the criminal justice, that imposed significant ― and generally lifetime ― sanctions on drug court graduates regardless of their successful completion of a drug court program and termination from criminal justice supervision. At that time, the extensive research corroborating the effectiveness of drug courts in reducing drug use, recidivism and promoting long term recovery was just beginning to be disseminated, along with scientific findings relating to the neurobiology of addiction, its effects on the brain and cognitive functioning ― all confirming that drug use was a symptomatic of a chronic disease and far more than a “behavioral” issue and/or moral failing. Given these extensive research findings, as well as over a decade of drug court experience at the time, it was therefore discouraging, but not unexpected, that the impact of the research had not yet affected public policy and practice in sectors not directly involved with drug offending and/or treatment. Given the commonly held premise that it takes seventeen years for research to affect practice, I prepared this “update” to determine the degree to which these research findings have now “infiltrated” practice. The intention in preparing this “Update” ten years later was to document progress made in reducing these areas of stigma ― come to be known as “collateral consequences” ― in light of the tremendous growth of drug courts since the article was first published in 2003, both in the U.S. and abroad, the widely documented effectiveness of these programs in stemming continued drug use and crime, and the growing body of research documenting addiction as a chronic disease for which treatment has proven effective and incarceration in and of itself to be counter-effective. The expectation was that progress in removing stigma associated with addiction would have been significant during these years. The results, however, have been the opposite. While there has been some progress, it has been slow and spotty, and the situation in 2014 can be characterized by continued stigma imposed by multiple sectors of public policy on individuals who have successfully completed drug court programs and which, in many instances, extend for their lifetime. Not only do the major areas of stigma described in the 2003 article continue but, in addition, the preparation of this “Update” has uncovered numerous additional “collateral consequences” that hadn’t formally surfaced in 2003 ― exclusions regarding the right to adopt children, grounds for divorce, and a host of professional license requirements.

Role of Counsellors in Family Court Practice A Study

The form and method of marriages have undergone many drastic changes. Marriages are either arranged or based on ‘love’ and other consideration need a strong foundation to subsist over the entire period of married life. One expects the continued marital bliss to subsist in the larger interests of the welfare of the family as a whole, such as interests of children and their welfare and the need for supporting aged parents and other members which have become the crying needs of society. Unfortunately minor differences and gross misunderstanding between spouses have been so alarming that one finds the solution lies up in the breakup of the parties relationship and as a ground for divorce or separation. In such an eventually the ultimate suffers are children and the aged parents, apart from suffering and agony to the spouses. The common ground of difference between the spouses is a charge of ‘cruelty – either mental or physical’ by acts of one against the other. At the very initial stage, if someone intervenes and makes the parties to see reasons, state of things might not reach such a stage, when a divorce becomes the only remedy. Fault does not lie with one party only, but may be equally attributable to both sides.

Marital Stress or Grounds for Divorce? Re-Thinking the Relationship Between R2P and International Criminal Justice

This article analyzes the relationship between R2P and international criminal justice. Both projects draw on similar foundations, such as ‘sovereignty as responsibility’, a humanity-based defence of international authority and complementarity-oriented response schemes to atrocity crimes. In past years, they have become subject to a number of common criticisms that are typical of other forms of international humanitarianism: application of double standards, assertion of power under the label of human rights and communitarian conceptions of international society or mediation of victims without agency. This contribution draws on an analogy to family law, namely idea of partnership and marriage, to analyze the status quo of the relationship. It argues that the coupling of these two traditions has not received enough attention in the emergence and treatment of R2P. It shows that it is a ‘marriage’ based on pragmatism and without contract. It investigates existing discourse and interaction problems. It claims that there is a need for greater distinction between R2P and international criminal justice, in order to respect their autonomy and mutual virtues. Integration and mainstreaming carries risks. Both strands of action share partly different goals and methodologies. None of the two should be viewed as a tool at the service of the other. Instead, it is more helpful to develop interaction in specific areas. Synergies exist in relation to specific functions, such as atrocity alert, norm expressivism and compliance. These communalities should be reinforced.

Marital Stress or Grounds for Divorce? Re-Thinking the Relationship between R2P and International Criminal Justice

Marital Stress or Grounds for Divorce? Re-Thinking the Relationship between R2P and International Criminal Justice

Making divorce easier: the role of no-fault and unilateral revisited

The Anglo-Saxon literature regarding the positive relation between 'making divorce easier' and divorce rates has mainly focused on the introduction of no-fault and unilateral divorce grounds. This approach was mimicked to analyse the impact of more lenient divorce legislation in Europe. Using the case study of Belgium we demonstrate that both no-fault and unilateral might not be the ideal proxies for 'making divorce easier' and propose an alternative approach which does manage to capture the time-varying legislative environment.

Indian marriage laws and mental disorders: Is it necessary to amend the legal provisions?

Byline: Choudhary. Narayan, Mridula. Narayan, Deep. Shikha, Shivendra. Shekhar Marriage has been, since ancient times, one of the most important social institutions in all societies and it forms the basis of civilization and social structure. Marriage is said to be a contractual agreement that formalizes and stabilizes the social relationship which comprise the family.[sup][1] The anthropological handbook “Notes and Queries (1951)” defined marriage as “a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners.”[sup][2] Leach offered a list of 10 rights associated with marriage, with specific rights differing across cultures, which are: *To establish a legal father of a woman's children *To establish a legal mother of a man's children *To give the husband a monopoly in the wife's sexuality *To give the wife a monopoly in the husband's sexuality *To give the husband partial or monopolistic rights to the wife's domestic and other labor services *To give the wife partial or monopolistic rights to the husband's domestic and other labor services *To give the husband partial or total control over property belonging or potentially accruing to the wife *To give the wife partial or total control over property belonging or potentially accruing to the husband *To establish a joint fund of property–a partnership–for the benefit of the children of the marriage *To establish a socially significant “relationship of affinity” between the husband and the wife's brother.[sup][3] In our country, marriage is regarded as an important and sacrosanct event in an individual's life, and everyone is supposed to get married and have a family so that he can continue his progeny. Marriage is essential not only for begetting a son to discharge his debt to the ancestors but also for performance of other religious and spiritual duties. For every persons, who has a daughter, marrying off the daughters when they achieve the marriageable age is regarded as one of the most sacrosanct religious duty. For Indian women, marriage is one of the most important aspects of her life, and the social status of the women enhances after getting married, whereas remaining unmarried after a certain age is stigmatizing for her.[sup][4] Parents often cough up their life savings, take loans or dispose of their immovable properties to arrange substantial dowry to marry off their daughters.[sup][5] Divorce is not generally acceptable in our society. After marriage, there is even a stronger social and moral compulsion to continue the relationship despite facing difficulties/problems in the marriage.[sup][4] Marriage, Mental Disorders, and Indian Legislation Major mental disorders are listed both as preconditions of marriage and as grounds for divorce. Under Hindu Marriage Act, 1955, conditions in respect to mental disorders (Section 5(ii)), which must be met before the marriage is solemnized, are as follows: *Neither party is incapable of giving a valid consent as a consequence of unsoundness of mind *Even if capable of giving consent must not suffer from mental disorders of such a kind or to such an extent as to be unfit for marriage and the procreation of children *Must not suffer from recurrent attacks of insanity. It is pertinent to point out that the original provision was “neither party is an idiot or a lunatic,” which was changed to the present provision by Marriage Laws (Amendment) Act, 1976. “Recurrent attacks of epilepsy” was also a disqualification for marriage, which was removed by the Marriage Laws (Amendment) Act, 1999. Supreme Court observed that to brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life (R. …

Gender, mental illness and the Hindu Marriage Act, 1955.

Section 5(ii) of The Hindu Marriage Act, 1955 (HMA) states that under certain circumstances, mental illness is accepted as a ground for the annulment of marriage, while Section 13(1) (iii) states that mental illness is a ground for divorce. There is little data on how this provision is used and applied in matrimonial petitions. This paper assesses judicial practices in divorce cases, exploring the extent to which gender and the diagnosis of mental illness affect the decision to grant annulment or divorce. The paper analyses judgments related to annulment and divorce at the Family Court in Pune and at the High Courts in India. In the Family Court at Pune, 85% of the cases were filed by husbands, who alleged that their spouse was mentally ill. Medical evidence of mental illness was presented in only 36% of the cases and in many cases, divorce/nullity was granted even in the absence of medical evidence. In 14% of the cases, nullity/divorce was granted even when both spouses were not present. Of the Family Court cases reaching the High Court, 95% were filed by male petitioners. The High Courts reversed the lower courts' judgments in 50% of the cases. Our analysis highlights the need for standardised guidelines for lower courts on what constitutes adequate medical proof of mental illness when hearing a petition related to nullity or divorce under HMA. It also provides a critical review of Section 5(ii) of HMA.