Divorce
1. DIVORCE FOR ‘FAUTE’:
When a spouse commits ‘faute’ this will be sufficient to justify as a ground for Divorce.
Some examples of ‘faute’:
- Adultery, Domestic Violence, refusal to consummate the marriage and deserting the conjugal roof.
Here one party may contest the divorce and the procedure can be lengthy.
2.RUPTURE DE LA VIE COMMUNE: (MARITAL BREAKDOWN):
Where the spouses have, lived separately, outside of the conjugal home, for at least 3 consecutive years, their separation can be categorized as ‘Rupture de la vie commune’ and will be sufficient grounds for divorce.
The party subject to the petition may contest the divorce in Court.
3. MUTUAL CONSENT:
Here, both Spouses can invoke divorce in one petition and instruct a single attorney and barrister.
The petition will be mutually agreed by both parties.
This option for divorce is not available to spouses who have been married for less than 24 months.
The timespan for this type of divorce can usually be 3-6 months subject to time schedule of the Court.
1. Divorce for ‘Faute’:
When a spouse commits ‘faute’ this will be sufficient to justify as a ground for Divorce. Some examples of ‘faute’:
Adultery, Domestic Violence, refusal to consummate the marriage and deserting the conjugal roof.
2. Rupture de la vie Commune: (Marital Breakdown):
Where the spouses have lived separately, outside of the conjugal home, having not committed to any intimate relations, for at least three continuous years, their separation can be categorized as ‘Rupture de la vie commune’ and will be sufficient ground for divorce.
3. Divorce through Acceptation:
When both spouses accept that there is ‘rupture de la vie commune’, they can both invoke divorce under this ground. However this ground will not be justified if the marriage is less than 24 months.
4. Mutual Consent:
Here, both spouses can invoke divorce in one petition that will be mutually agreed by both parties. This option for divorce is not availabe to spouses who have been married for less than 24 months, the time span for this type of divorce can be 3-6 months
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