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Journal articles on the topic 'Dissolution of marriage'
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1
Mary M.J, Mary M. J., and Dr Shivappa R. Dr.Shivappa.R. "Judicial Dissolution of Marriage - A Study." Indian Journal of Applied Research 2, no. 3 (2011): 171–72. http://dx.doi.org/10.15373/2249555x/dec2012/53.
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Ramghani, Hasan Mohamadi, Mohammad Roshan, and Mohsen Najafi Khah. "The Effect of Death on Dissolution of Marriage Contract with Emphasis on Presumed Death." Journal of Politics and Law 10, no. 1 (2016): 219. http://dx.doi.org/10.5539/jpl.v10n1p219.
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The dissolution of the marriage contract is either intentional or compulsory. The intentional dissolution basically takes place with divorce or termination application. But, the unintentional or compulsory dissolution means a marriage contract is dissolved automatically and without the will of the parties. The most important causes of unintentional dissolution include termination, death, expiration (in temporary marriages) and… which marriage contract can be dissolved by the occurrence of these and some other special causes. One of unintentional marriage dissolution causes is death. Death is divided into three groups of natural death, presumed death and constructive death. Iran's civil law has not pointed directly to constructive death, but beside other categories states its conditions and ordinance. There is no doubt that natural death triggers a marriage contract to be dissolved. There is disagreement among experts of Islamic rules and jurists on this matter if presumed death can dissolve a marriage or not. But, with study of legal rules related to missing person and the effects of the judgment rendered for presumed death, it seems that presumed death can dissolve the marriage contract too. And, the divorce application sets out at article 1029 of Iran's Civil Law relates to an occasion which inheritors have not applied from the court to issue a presumed death judgment.
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Churilova, E. V., and S. V. Zakharov. "Trends in Dissolution of First Partnerships in Russia." Voprosy statistiki 28, no. 2 (2021): 54–66. http://dx.doi.org/10.34023/2313-6383-2021-28-2-54-66.
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The article scrutinizes one of the most acute problems in Russian society – the continued high level of separations among first unions.According to the official statistics data, Russia has consistently held a leading position in terms of divorce rates among European countries.Recent estimates of period total divorce rates suggest that 30–40% of marriages contracted in the 1970-1980s and 50–60% of marriages contracted in the last two decades have a chance of being dissolved.The authors use materials from the panel part of the sample survey «Parents and children, men and women in the family and society» to examine the stability of first unions formed in 1945–2010 – either direct marriage, marriage after cohabitation or cohabitation in partnership cohorts. The results suggest an increase in the proportion of dissolved marriages from 14% in the marital cohorts of 1945–1954 to 30% in marital cohorts of 1980–1989. In these cohorts, «direct» marriages were more stable than marriages, which followed cohabitations. However, it is not so obvious for marriages preceded by cohabitations in the 1990s.Authors conclude that the average duration of a dissolved marriage and the average age of women at the time of the dissolution of the marriage have decreased. Cohabitation remains the least stable form of union with an average duration of 4–5 years. Childless unions break up 2 times more often both among marriages and cohabitations. There has been also a decrease in the average number of children in all types of broken unions with children.Based on results formulated at the final part of the article the authors suggest that the «direct» marriage without prior cohabitation become a less attractive form of union that might positively affect the stability of Russian marriages by reducing the probability of divorce due to such grounds of divorce as incompatibility in characters, views and beliefs, especially in the initial years of joint life.
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Shabnam Khan and Dr. Seema Sharma. "Dissolution of Muslim Marriage in India: An Analytical Study." Legal Research Development an International Refereed e-Journal 6, no. II (2021): 36–38. http://dx.doi.org/10.53724/lrd/v6n2.08.
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The concept of marriage and divorce in Muslim law is based on ancient perspectives and a historical perspective among Muslims. Personal law, which contains the Quran (holy book of Muslims), Sunnat (traditions), Ijma (consensus), and Qiyas (analogical deductions). Quran is the most important source in Muslim Law. Marriage is seen as a civil contract in Muslim law. Nikah and muta marriages are two different types of Muslim marriages. Both the likely husband and wife must fulfill various significant conditions before entering into a Nikah marriage, such as the age of majority, the parties' permission, Mehr, and so on. Because Muslim marriage is a civil contract, one party makes an offer, which is accepted by the other. Divorce by husband, by wife, by mutual consent, and by judicial order are the four types of divorce in Muslim Law.
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Taghadossi, Masood, Mohammad Naghi Farahani, and Morteza Manteghi. "Factors Influencing the Formation, Continuation, and Dissolution of Marital Relationships in Iran in 2022: A Qualitative Analysis." Applied Family Therapy Journal 5, no. 2 (2024): 55–67. http://dx.doi.org/10.61838/kman.aftj.5.2.7.
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Objective: The aim of this study was to identify the factors influencing the formation, continuation, and dissolution of Iranian marriages in the year 2022. Methods: This research utilized a qualitative method based on the Strauss and Corbin approach. A purposive selection of 10 experts, either faculty members or influential figures in decision-making centers for marriage and family affairs, were deeply interviewed. The data obtained from these experts provided a semi-structured questionnaire for interviews with 36 individuals, divided into three groups: formation, continuation, and dissolution of marriages. After each interview, data were coded and categorized according to the Strauss and Corbin method. Findings: In total, 2950 primary codes, 462 secondary codes, 97 concepts, 27 subcategories, and 9 main categories were identified, including external couple factors affecting formation, continuation, and dissolution; internal couple factors affecting formation, continuation, and dissolution; and individual factors affecting formation, continuation, and dissolution. Conclusion: The results indicated that the formation of marriage is influenced more by external couple factors than by any other factors. Although the continuation and dissolution of marriage are influenced by the nature of their formation, individual factors become important in these stages. It can be inferred that focusing on external couple factors before individual and internal couple factors in pre-marital counseling, and prioritizing individual factors in couple therapy and divorce counseling, may be more effective. It is recommended that the results of this study be used in planning, research, and therapeutic interventions in the field of marriage
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Ikimi, Iniye Linda Iyaye Ikimi. "LEGAL IMPLICATION OF DISSOLUTION OF STATUTORY MARRIAGE IN A DUAL MARRIAGE: A CULTURAL RELATIVIST EXAMINATION." UCC Law Journal 2, no. 2 (2022): 195–218. http://dx.doi.org/10.47963/ucclj.v2i2.1123.
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Marriage is a universally recognised institution. It is the bedrock of the family and smallest unit of society. The procedure and manner of its celebration differ from one society to another. In some societies, a valid marriage is one contracted only between persons of the opposite sex. However, in some other societies, persons of the same sex can contract a legitimate marriage. In Nigeria, only persons of the opposite sex can enter into a marital relationship. This paper explores two types of marriage - customary marriage and statutory marriage. Quite a number of the marriages in Nigeria between the same couples are contracted both under customary law and the Marriage Act. In a situation where there are irreconcilable differences leading to a divorce, would the dissolution of one type of marriage have any effect on the other? This is the crux of this paper. An analysis of the two marriages and divorce proceedings were made, divergent opinions of different learned authors were explored, laws and decisions of courts were considered in order to examine the effect of dissolution of one type of marriage on the other type of marriage.
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Nur-E-Alam, A. J. M. "Muslim Marriage Dissolution: A Study of Bangladesh’s Legal Framework." International Journal of Research and Innovation in Social Science IX, no. V (2025): 1993–2001. https://doi.org/10.47772/ijriss.2025.905000156.
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Dissolution of Muslim Marriage is regulated by divine injunctions, and statutory provisions. Although there are traditional and statutory provisions as regards dissolution of marriage but their practice, in essence, is not unquestioned. The termination of marriage cannot finally be treated in the case other than by death of either spouse. The purpose of the paper is to investigate traditional and statutory provisions regarding dissolution, and analyze them critically. Finally, the study will draw some speculations as to what extent and under what circumstances the provisions can be applicable. The legal framework governing the dissolution of Muslim marriages in Bangladesh is based on both Islamic principles and statutory laws. It examines the primary modes of divorce recognized under Muslim law—such as talaq, khula, and mubarat—and how these are interpreted and regulated within the Bangladeshi legal system. The study focuses on the procedural requirements, the role of the Family Courts, and the impact of the Muslim Family Laws Ordinance, 1961. Additionally, it highlights the gender dynamics involved in accessing divorce and assesses whether the current legal framework adequately protects the rights of women. The article also discusses recent judicial interpretations and potential reforms to address inconsistencies and ensure equitable dissolution of marriage. By bridging religious doctrine and modern legal standards, this study provides a comprehensive understanding of how Muslim marriage dissolution functions within Bangladesh’s socio-legal context.
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DRĂGHICI, Elisaveta. "Căsătoriile şi divorţurile în România: dinamica demografică şi percepţii sociale." Analele Universității „Dunărea de Jos” din Galați. Fascicula XX, Sociologie / The Annals of ”Dunarea de Jos” University of Galati. Fascicle XX, Sociology, no. 17 (November 23, 2022): 113–32. http://dx.doi.org/10.35219/socio/2022.08.
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In the context of the diversification of family patterns, the reduction in birth rates and social changes in recent years, the analysis of demographic phenomena related to marriage and divorce is important especially if these phenomena are correlated with changes in the options for marriage or consensual union and the dissolution of marriage through divorce. Both marriage and divorce are determined by a combination of factors. In turn, these two social events influence other aspects of life. The study aims to provide a picture of marriages and divorces in Romania over the last ten years, in relation to developments in society: views on marriage, the dissolution of family life, the perception of divorce in society, the psychosocial consequences of divorce and perceptions of living together before marriage. It is a theoretical analysis based on official statistical sources and literature, following the evolution in recent years. The results of the study will provide not only a picture of marriages and divorces, but also an overview of the vision of marriage (family) and cohabitation today, providing support for educational and family actions or policies.
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Patricia Izuka, Tom. "Dissolution of Customary and Statutory Marriages with a Single "Stroke"." African Journal of Law, Political Research and Administration 7, no. 1 (2024): 66–78. http://dx.doi.org/10.52589/ajlpra-3rvigxuq.
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Nigeria operates a dual system of marriage laws that allows the same parties who married under customary law to proceed and marry under the Act if they so wish. Since both marriages are under the jurisdiction of different courts. This article seeks to address the misconception that, to determine both marriages, only the statutory marriage should be dissolved. Literature was reviewed via documented sources and relevant decided cases. The need to urgently revisit finally and properly resolve the controversies surrounding the dissolution of marriages contracted between the same parties under Customary Law is suggested.
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Ricker, Chelsea L., Seth Earn, Madhumita Das, and Margaret E. Greene. "The Right to Leave: Dissolution of Child, Early, and Forced Marriages and Unions." Adolescents 3, no. 3 (2023): 490–507. http://dx.doi.org/10.3390/adolescents3030035.
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Global interest in child, early, and forced marriage and unions (CEFMU) is reflected in a large and growing body of research and interventions. Those interventions have focused on raising the minimum age of marriage, establishing laws and penalties for those who ignore these minimums, investing more heavily in girls’ education, addressing structural inequalities, and bringing about gender and social norm change. Missing has been any discussion of the right to leave marriage. As we learn more about the forces that drive child marriages and unions and what works to prevent them, rare is any mention of how these marriages sometimes end and what happens when they do. Human rights standards focus on the ability to choose “if, when, and whom to marry”. We posit that without the ability to decide if and when to leave marriage, marriage cannot be considered a choice. This paper explores why the right to leave marriage matters so deeply, describes the obstacles to girls’ access to divorce and to protections after divorce or separation, and links these to the factors that drive child, early, and forced marriages and unions.
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Suparwata, Dewa Oka, Mohamad Ikbal Bahua, Meity Melani Mokoginta, Ika Okhtora Angelia, and A. Akbar. "Enhancing the Role of Women in Nature Conservation for Sustainable Development Goals (SDGS): Insights from a Case Study in Gorontalo." Journal of Lifestyle and SDGs Review 5, no. 3 (2025): e05049. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe05049.
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Objectives: This study examines the dissolution of mixed marriages and its implications for child custody from the perspective of international civil law. It focuses on the legal protection of the rights of underage children in cases where the marriage is dissolved due to divorce, death, or court rulings. The research highlights the legal uncertainties faced by children of mixed marriages when their parents are subject to different legal systems, particularly in the absence of a prenuptial agreement. Theoretical Framework: The study is grounded in international civil law principles, emphasizing legal pluralism and the conflict of laws in family law matters. It explores the intersection of national legal frameworks governing child custody and the protection of children's rights in alignment with international human rights instruments. Method: This research employs a statutory, case, and legal comparative approach to analyze child custody disputes arising from the dissolution of mixed marriages. The study examines legal inconsistencies across jurisdictions and their impact on the rights and well-being of underage children. Results and Discussion: Findings reveal that legal uncertainty regarding child custody is a significant challenge in mixed marriage dissolutions. Variations in national legal systems create conflicts in determining custodial rights, often leaving children vulnerable to inconsistent legal interpretations. This uncertainty affects children's right to parental love and support, which is essential for their growth and development. Research Implications: The study underscores the need for harmonization of international civil law to ensure legal certainty in child custody matters. Strengthening cross-border legal cooperation and adopting international legal standards can enhance the protection of children's rights in mixed marriages. Originality/Value: This research contributes to the discourse on family law in the context of international civil law by highlighting the legal complexities of child custody in mixed marriage dissolutions. It offers insights for policymakers and legal practitioners to develop more consistent and child-centered legal frameworks.
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Jimenez-Cabello, Jose. "Disolución Matrimonial: la Ruptura de Matrimonios del mismo Sexo en Andalucía." Anduli, no. 21 (2022): 123–40. http://dx.doi.org/10.12795/anduli.2022.i21.06.
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Tras diversos intentos de regulación de los matrimonios de personas del mismo por parte de algunas comunidades autónomas, la Ley 13/2005 supuso el reconocimiento de este tipo de uniones. La misma situó a España como uno de los países pioneros en reconocer este tipo de matrimonios. Este texto aborda la evolución de los divorcios de matrimonios compuestos por personas del mismo sexo, y diversos aspectos destacados, en uno de los territorios donde más enlaces se producen: Andalucía. El método empleado es cuantitativo, aplicando un análisis descriptivo mediante la utilización de la Estadística de Nulidades, Separaciones y Divorcios (ENSD, 2012-2018). Las principales conclusiones extraídas son que los divorcios de este tipo de matrimonios han ido aumentando de forma paulatina a lo largo del periodo analizado. La mayoría de estos divorcios se caracterizan por ser consensuados. Los matrimonios tienen, en su mayoría, una duración de 5 años o más y están compuestos esencialmente por cónyuges de nacionalidad española. Por último, dos tercios de los divorcios ocurren en parejas sin hijos menores.
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Liviev, N. M. "Dualism in the Institution of Marriage Regulation System in the State of Israel." Actual Problems of Russian Law 17, no. 4 (2022): 136–47. http://dx.doi.org/10.17803/1994-1471.2022.137.4.136-147.
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The paper discusses one of the most interesting institutions of Israeli family law, namely, the institution of judicial dissolution of marriage. The specificity of this institution lies in the fact that divorce proceedings are carried out by religious courts that have been operating for more than one century. In the State of Israel, along with the system of religious courts, a special, non-denominational court of general jurisdiction, called the Family Court, has been established and operated. The jurisdiction of this Court includes consideration and resolution of issues related to guardianship of minors and incapacitated individuals, that is, all those cases that arise as a result of the dissolution of marriage. At the same time, the issues of confirming the existence of marital relations and their termination are assigned to the exclusive jurisdiction of religious courts. If the spouses, by their religion, belong to Judaism or Islam, dissolution of a marriage is only possible by a decision of a religious court. The dissolution of a marriage between spouses belonging to Christianity is carried out in the general civil Family Court that operates under a specially developed law with respect to cases that are deemed special for Israel. Family matters, including the dissolution of marriages, in the Druze religious community are dealt with by a special judicial instance, the Druze court that differs from the courts of general jurisdiction.
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Mauki, Chris. "The Effects of Marital Dissolution on Early Adolescents’ Psychosocial Well-being in Tanzania." Tanzania Journal of Sociology 8, no. 2 (2022): 1–26. http://dx.doi.org/10.56279/tajoso.v8i2.98.
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Marriage dissolution been a problem of global concern. In Tanzania, marriage-related separations have been reported to exceed legal divorce rate, and the majority of early adolescents in these broken families often become victims. This study explored the potential effects of marital dissolution on early adolescents’ psychosocial well-being. This qualitative study employed the instrumental case study design, and involved 12 early adolescents, 12 parents, and 6 caregivers. The findings show that early adolescents from broken families are mainly affected in their psychosocial well-being. These effects appear to be short or long term. A strong sense of experiencing negative effects from parental marital dissolutions was communicated by adolescents compared with those who reported experiencing positive effects. It is concluded that the scope of understanding the effects of marital dissolution on children is very broad and entails various characteristics, this is because of the fact that, the effects on children are mainly negative and they cut across children’s whole life, especially in their psychosocial well-being. These effects are not discrete but interrelated and cyclic. There is a need therefore to preserve and promote the welfare of marriages to allow each child live and thrive with the two parents under one roof.
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Ahmedi, MSc Sulejman. "Dissolution of Marriage According to Canon Law." ILIRIA International Review 3, no. 2 (2013): 221. http://dx.doi.org/10.21113/iir.v3i2.126.
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In the Canon law, dissolution of marriage is not allowed since it was considered sacred and as such cannot break until the two spouses are alive, except only if one of the spouses passes away. But throughout history we find cases when allowed dissolution of the marriage and causes specific conditions set by the church. Thus, according to the Old Testament, if, a man married to a woman, didn’t like something about his wife, should write a request for divorce and allow her to leave his home. Meanwhile according to the New Testament records, divorce is prohibited. Although most Protestants continue to espouse the view that marriage was sacred and as such should not be divorced, from those who had supported the idea of granting the divorce. One of them was Luther, who in his remarks before his preachers said: "In my opinion, the issue of divorce belongs to the law, are not they to whom called for regulation of parental relationships, why not have they the authority to regulate the relations between spouses". Protestant churches allow the dissolution of marriage:a) Because of adultery by the wife; allowed by Jesus,b) Unjustified abandonment of the marital community;c) If there were other reasons: if one spouse refuses to have sexual marriage, if the husband abuses his wife repeatedly and without cause, severe illness of one spouse.
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Nishchymna, S., and T. Andrushchenko. "THE LEGAL NATURE OF MARRIAGE IN ANCIENT ROME." Scientific Herald of Sivershchyna. Series: Law 2024, no. 3 (2024): 111–19. http://dx.doi.org/10.32755/sjlaw.2024.03.111.
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The article is devoted to the study of the legal nature of Roman marriage. It defines the concept of marriage as a socially significant union of a man and a woman, which determined the legal status of the wife and children born in this union, as well as property relations between the spouses. On the basis of Roman legal sources and scientific works of Roman lawyers, the classification of Roman marriages is defined, the grounds and conditions for entering the marriage and its dissolution are identified, and the differences between legal and illegal Roman marriages are outlined. The article focuses on the definition of the concubinate as a special form of regulation of actual marriage relations. It is determined that the concubinate occupied a more important place in Roman social and legal life, since it had almost all the features of marriage and significant differences from amica. The peculiarities and significance of dowry in Roman family law are highlighted. It is noted that in Roman law, the latter was not always mandatory as in Ukrainian traditions, in particular, the obligation to transfer dowry was provided only in marriages without male authority (sine manu). The grounds and procedure for divorce are analyzed. It is established that the attitude to divorce varied depending on the period of the Roman Empire development. A divorce by mutual consent was prohibited, and a divorce initiated by one of the spouses was allowed in clearly defined cases: violation of marital fidelity by one of the spouses, attempted murder of one of them, inability to have sexual intercourse or desire to go to a monastery. Accordingly, if these reasons were absent, the initiator of the divorce had to pay a fine. Key words: Roman marriage, classification of Roman marriages, concubinate, dissolution of marriage, marriageable age, dowry.
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Hannah, Harold W. "Dissolution of a veterinarian's marriage." Journal of the American Veterinary Medical Association 195, no. 1 (1989): 46–47. https://doi.org/10.2460/javma.1989.195.01.46.
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Abduroaf, M. "An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law." De Jure 56, no. 1 (2023): 1–12. http://dx.doi.org/10.17159/2225-7160/2023/v56a1.
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There has (to date) been no legislation enacted by the South African government that fully recognises marriages concluded in terms of Islamic law (Islamic marriages) as well as the Islamic law consequences that flow from these marriages. Some South African Muslims have opted to conclude marriages in terms of South African law (civil marriages) in addition to their Islamic marriages. This could be referred to as dual marriages. The civil marriages as well as its consequences (not the Islamic law consequences) would then be fully protected in terms of South African law. It is quite interesting to note that s 5A of the Divorce 70 of 1979 authorises a court to refuse the granting of a civil divorce if either of the parties would not be free to remarry subsequent to the granting of the civil divorce. This article analyses how s 5A of the Divorce Act 70 of 1979 applies to dual marriages. It looks at the impact of s 5 A of the Divorce Act on dissolution of dual marriages concluded by Muslims within the South African legal context. The dissolution of Islamic marriages within the South African legal context is looked at by way of introduction. The dissolution of a civil marriage within the context of a dual marriage (couple married in terms of Islamic law and civil law) is then looked at. The article concludes with an overall analysis of the findings and makes recommendations.
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Ahmedi, Sulejman. "Marriage Dissolution (Divorce) – A Comparison Overview: Albania, Kosovo, Macedonia." European Journal of Social Science Education and Research 8, no. 1 (2021): 88. http://dx.doi.org/10.26417/800gyp52r.
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The research includes the marriage dissolution and its consequences, which constitute today one of the most debated topics, considering not only the significant increase of the number of divorces in years, but also the trends in recent years in some European countries. Thus, this paper presents the hypothesis as follows: The Institute of dissolution of marriage in Albanian, Kosovo and Macedonian Law which preserves and must preserve the balance between the contractual freedom of the spouses and the court's intervention to dissolve the marriage in order to avoid abuses that may result from the "privatization" of the marriage dissolution and its consequences. Taking the cause precisely from the latter, the question arises whether the dissolution of marriage, as the institution that lies between private and public law, should be given priority to the solutions offered by the spouses ("the privatization of the institution"), or should public law be governed by the regulation of the institution, in the context of the special protection that the marriage and family enjoy by the State? From what is said above it is necessary to analyze by comparative approach the normative framework, legal doctrine and the case studies of these countries, regarding the dissolution of the marriage and the consequences it brings. The European countries and the tendency to harmonize family law in Europe will serve as orientation point to analyze the solutions currently offered by Albanian, Kosovo and Macedonian law as well as to provide the necessary recommendations. In particular, the subject of analysis is the reasons for the dissolution of marriage, the ways and the procedural aspects of its solution, the consequences on both personally and property terms between the spouses.
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Wicaksana, Agus Arief, Sri Astutik, Wahyu Prawesthi, and Hartoyo. "LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE." Awang Long Law Review 6, no. 2 (2024): 411–16. http://dx.doi.org/10.56301/awl.v6i2.1165.
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The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.
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Bohnert, Nora. "Examining the determinants of union dissolution among married and common-law unions in Canada." Canadian Studies in Population 38, no. 3-4 (2012): 75. http://dx.doi.org/10.25336/p6m90p.
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This paper examines the determinants of union dissolution among first marriage, second marriage, and common-law unions via an event history analysis of the fourth panel of the Survey of Labour and Income Dynamics (SLID). Results suggest that unemployment and other potentially challenging employment situations are associated with higher odds of dissolution, among first marriage unions in particular. The factors that predict union dissolution are found to differ, both across union types and within common-law unions by region (Quebec versus elsewhere in Canada).
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Розанова, Е. В. "Опыт правового регулирования расторжения брака в отдельных государствах Европы". СОВРЕМЕННОЕ ПРАВО, № 1 (29 січня 2021): 85–89. https://doi.org/10.25799/ni.2021.47.14.014.
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Статья посвящена анализу особенностей правового регулирования расторжения брака в Ирландии и Польше. Автор исследует основания расторжения брака, особенности обеспечения примирения супругов, а также порядок рассмотрения вопроса о расторжении брака. The article analyzes the peculiarities of legal regulation of marriage dissolution in some countries of Eastern Europe, in particular the specific experience of Ireland and Poland. The author contemplates the grounds for dissolution of marriage, the traits of provision for reconciliation between the spouses, yet the procedure for consideration of the issue of dissolution of marriage.
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Budinski, Ronald A., and Frank Trovato. "The Effect of Premarital Cohabitation on Marital Stability over the Duration of Marriage." Canadian Studies in Population 32, no. 1 (2005): 69. http://dx.doi.org/10.25336/p6b304.
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Research has shown that premarital cohabitors who eventually marry are more likely to divorce or separate than persons who do not cohabit prior to marriage. This study investigates the possibility that the difference in marital stability between cohabitors and non-cohabitors may change with increasing duration of marriage. Using Canadian 1995 General Social Survey data, various Proportional Hazards Models were specified to compare the marital dissolution risks of cohabitors and non-cohabitors, while controlling for a set of relevant factors. Initially, it was found that both groups had virtually identical dissolution risks. However, further specification of the hazards model indicated that indeed cohabitors have a greater risk of marital dissolution than noncohabitors. Further tests to differentiate between short- and long-term unions indicated that premarital cohabitors have a greater dissolution risk in the first ten years of their union, while non-cohabitors have a greater hazard after ten years of marriage. We discuss these findings in the context of the North American based literature on cohabitation and marriage dissolution, and offer suggestions for further study.
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Osman, Fatima. "The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?" Potchefstroom Electronic Law Journal 22 (May 20, 2019): 1–25. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4337.
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In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, despite the dissolution of their civil marriage. Not long thereafter, in 2017, former President Jacob Zuma's daughter made headlines by claiming half of her soon-to-be-ex-husband's multimillion-rand estate despite the couple’s having entered into a valid ante-nuptial contract. The claim was that her preceding customary marriage had not been accompanied by an ante-nuptial contract, and therefore the marriage was in community of property. These high-profile cases raise the fundamental legal question: what effect does a civil marriage between parties have on the parties' customary marriage to each other?
 Historically the subsequent civil marriage terminated the customary marriage, as such marriages were not legally recognised in South Africa. The Recognition of Customary Marriages Act 120 of 1998 allows for such dual marriages without specifying the consequences thereof. Most commentators have interpreted the provisions to perpetuate the historical position; the civil marriage terminates the customary marriage. While this appears distasteful, the rationale is legal certainty and accords with the recommendations of the South African Law Commission. Furthermore, alternative customary dispute resolution mechanisms are still available to the parties, who are unlikely to suffer prejudice under the interpretation. In addition, given the social reality in which dual marriages are conducted and how they are perceived by parties, parties should be allowed to conclude an ante-nuptial contract after their customary marriage but before their civil marriage to regulate the proprietary consequences of their marriage.
 
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Umar Umar, Mhd. Amar Adly, and Heri Firmansyah. "Problematika Kesaksian Talak dalam Pengadilan Agama Menurut Fiqih Islam dan KHI." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 3, no. 1 (2025): 168–75. https://doi.org/10.55606/eksekusi.v3i1.1724.
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Divorce (Talak) is an act that dissolves the marital bond between husband and wife. Divorce is categorized into two types: Talak Raj’i and Talak Bain. In Islamic law, the dissolution of marriage does not necessarily require the presence of a third-party witness. This discrepancy p This study aims to examine the legal foundation of Islamic jurisprudence and KHI concerning the dissolution of marriage, focusing on the differences between these two legal frameworks. Employing the Library Research method, the researcher gathered data related to this issue. The findings reveal significant differences between Islamic jurisprudence and the KHI regarding This difference arises because the two legal frameworks are based on distinct legal foundations, resulting in varied applications. From the discussion, it is clear that divorce declarations should not need to be repeated in front of a judge in religious courts. Based on the consensus (ijma’) of Islamic scholars, the involvement of third parties is unnecessary to validate a divorce. Institsbat) the divorce, meaning the husban This approach aligns with other cases, such as unregistered marriages (nikah siri), where the marriage.
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Herger, Cs Eszter. "Magister Gratianus tanítása a házassági akadályokról." DÍKÉ 7, no. 2 (2024): 42–74. http://dx.doi.org/10.15170/dike.2023.07.02.04.
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Many legal scholars have examined the question of how to reconcile Gratian’s willingness to use both the Justinianic and the pre-Justinianic Roman law that he found in his sources with his apparent unwillingness or inability to use Justinian’s Roman law books at first hand. This paper focuses on another root of European legal culture, the Judaeo-Christian legal heritage. It addresses the question to what extent Gratian’s concept of marriage, based on a contemporary interpretation of the marriage of Mary and Joseph based on the decision of the Council of Ephesus (431), contributed to the clarification of the system of marriage impediments in 12th century canon law, and to what extent the magister used arguments based on biblical passages to do so. The canon law from the early Middle Ages allowed a husband to divorce his unfaithful wife, while the Western Church of Gratian’s age opposed the dissolution of the marriage bond and only recognised the possibility of separating the spouses from bed and table. Therefore, the significance of the subject lies primarily in the fact that in the case of some impediments to marriage the magister saw the possibility of dissolution of the unconsummated union (a so-called initiated marriage) and, in a few, not common cases of the consummated marriage too. The principle of indissolubility, although annulment and dissolution of marriage are different legal instruments, was not necessarily applied in this period either. However, Gratian’s particular concept of marriage and his legal explanations of the impediments to marriage contributed significantly to the fact that the only ground for divorce mentioned in the Gospels, adultery, could not lead to the dissolution of the bond. In the 16th century, Protestant divorce law was primarily a reaction to this understanding, and also the Catholic teaching on the impediments to marriage continued to evolve, formally still adhering to the principle of indissolubility.
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Coleman, David. "Partnership in Europe; its Variety, Trends and Dissolution." Finnish Yearbook of Population Research 48 (January 1, 2013): 5–49. http://dx.doi.org/10.23979/fypr.40927.
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Radical changes in living arrangements, in sexual habits and in the position of marriage in Europe have arisen, very unevenly, since the 1960s and in some regions in scarcely more than a decade. Cohabitation before marriage is normal – even universal – in many countries, with the popularity of marriage falling as its mean age rises to beyond the highest levels hitherto recorded. Divorce has been legalised and in most cases made readily accessible. However, although not as firm a demarcation as once believed, Hajnal’s line separating East and West has not yet been erased from the map of contemporary Europe. The article describes patterns and trends in partnership in Europe, including trends in marriage rates, divorce rates, the spread of cohabitation, LAT-relations and of births outside marriage, and tries to account for them.
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Okoroafor, Princewill Okorie. "Deoxyribonucleic acid test results in both paternity cases and assisted reproductions: rebuttals of the presumption of legitimacy under Section 165 of the “Nigerian Evidence Act”, 2011?" Caleb International Journal of Development Studies 06, no. 01 (2023): 134–46. http://dx.doi.org/10.26772/cijds-2023-06-01-09.
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Section 165 of the Nigerian Evidence Act, 2011, presumes the legitimacy of a child given birth to during the existence of a valid marriage between the mother of such a child and any man, or within 280 days after the dissolution of any such marriage - if the mother remains unmarried after the dissolution of the marriage. Being a presumption, the legitimacy of such a child may be displaced upon adducing credible evidence to prove that the child is not fathered by the man during the continuance of the marriage or within 280 days immediately after the dissolution of the marriage. This Article therefore, discusses the use of Deoxy Ribonucleic Acid tests results to rebut the presumption of legitimacy in Section 165 of the Evidence Act using paternity cases and In Vitro Fertilization of embryos, particularly where there are medical mistakes or malpractices by clinicians and embryologists. Keywords: Deoxyribonucleic Acid; Paternity; In Vitro Fertilization; Presumption; Evidence Act
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Candeub, Adam, and Mae Kuykendall. "Modernizing Marriage." University of Michigan Journal of Law Reform, no. 44.4 (2011): 735. http://dx.doi.org/10.36646/mjlr.44.4.modernizing.
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This Article proposes to modernize the archaic procedures states use to authorize marriages so as to provide legal flexibility, promote efficiency, and enhance individual choice. Almost universally, states require couples' presence within their borders, however briefly, for a ceremony. After considering the historical and policy rationales for this requirement and finding them either obsolete or incoherent, we propose that states offer marriages to those outside their borders. Such distance marriages could occur via video-conference, using the internet or even telephone, with readily available safeguards to prevent fraud. This simple reform would allow certain couples who cannot marry under local law to import the trappings of an official marriage ceremony in "real time," as well as assure access to the legal tie for any couple facing a barrier of physical separation. Our proposal builds upon the historical and present-day precedent of proxy marriage and legal principles such as choice of law for multi-jurisdictional contracts and corporate formation. With this reform, states would be free to compete over marriage procedure efficiency and experiment with alternative regulatory goals or menu options, such as enabling greater disclosure about personal or health histories, permitting more restrictive prenuptial arrangements (as with certain states' development of "covenant marriage") or tying access to certain distance marriages to advance agreement to accept jurisdiction for marriage dissolution. Finally, our proposal would allow same-sex couples (and other couples unable to marry under their home jurisdictions' laws) easier access to marriage authorization and the ability to perform wedding ceremonies before family and friends. Our procedural reform offers a gradualist approach to the controversies concerning the substantive rules of marriage, notably Judge Walker's recent ruling declaring Proposition 8 unconstitutional.
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Mujuzi, Jamil Ddamulira. "The Islamic Law of Marriage and Inheritance in Kenya." Journal of African Law 65, no. 3 (2021): 377–401. http://dx.doi.org/10.1017/s0021855321000346.
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AbstractArticle 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.
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Egamberdiev, Eduard. "MARRIAGE AND DIVORCE BETWEEN CITIZENS OF THE REPUBLIC OF UZBEKISTAN AND THE REPUBLIC OF KOREA: PROBLEMS OF LEGISLATIVE REGULATION AND MUTUAL RECOGNITION." Jurisprudence 1, no. 1 (2021): 15–26. http://dx.doi.org/10.51788/tsul.jurisprudence.1.1./vujt6675.
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This article examines the statistical data on the conclusion and dissolution of marriages between citizens of the Republic of Uzbekistan and the Republic of Korea, conducts a comparative legal analysis of the marriage and family legislation of the two states, examines the issues of mutual recognition of the facts of conclusion and dissolution of marriages by these countries. The relevance of the study lies in the presence of some differences in the legislation of the two states on the issues of marriage and mutual recognition of official documents. There were used the official statistical data of the Korean Statistical Information Service and the State Committee of the Republic of Uzbekistan on Statistics over the past 10 years in the course of the study, the comparative legal method was used to determine the commonality and differences in the legislation of the two states on the regulation of marriage and family relations, the formal logical method with the purpose of in-depth study of the problem and the resolution of some controversial issues. In the Republic of Korea, in the past 10 years, the divorce rate has reached 46% relative to marriages, against 10% in the Republic of Uzbekistan, which increases the risk of divorce for citizens of the Republic of Uzbekistan when marrying citizens of the Republic of Korea. Since 2016, the number of marriages between citizens of the two states has increased, but the number of divorced marriages is at the level of 110 divorces. The author proposes to amend the family legislation of the Republic of Uzbekistan on the recognition of marriages concluded outside the Republic of Uzbekistan.
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Петренко, Глеб Викторович. "Aspects canoniques de la non-dissolution du marriage." Праксис, no. 1(10) (March 15, 2023): 123–38. http://dx.doi.org/10.31802/praxis.2023.10.1.009.
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Данная статья посвящена вопросу нерасторжимости брака, христианскому пониманию и значению брачного союза. Рассматривается история вопроса нерасторжимости брака и отношение к нему в разные периоды жизни Церкви. Значительная часть исследования посвящена каноническому обоснованию нерасторжимости брака. Раскрывается Ветхозаветное и Новозаветное учение Церкви о браке. Проведен анализ канонов, а также рассмотрены комментарии авторитетных канонистов, посвященных данной тематике. This article focuses on the issue of the irreducibility of marriage, the Christian understanding of the marriage union, and its importance and significance. It reviews the history of the issue of the non-dissolution of marriage and the attitude toward it in different periods of the life of the Church. A large part of the work is devoted to the canonical basis of the irreducibility of marriage. The Old Testament and New Testament teaching of the Church on marriage is disclosed. An analysis of the canons is made, and comments by authoritative canonists on the subject are considered.
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KB, LAW SCHOLARS JOURNAL. "THE NEED FOR REFORMS ASSOCIATED WITH PROBLEMS IN DISSOLUTION OF MARRIAGE UNDER THE NIGERIAN MARRIAGE ACT." KB LAW SCHOLARS JOURNAL 2, no. 2 (2025): 77–95. https://doi.org/10.5281/zenodo.15255211.
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Before 1970, the Nigerian divorce legislation followed the matrimonial offence theory, which was influenced by English Matrimonial Cause Laws. With respect to this theory, a marriage could only be terminated if a spouse-party committed a matrimonial offence such as adultery, cruelty, or desertion. This concept however faced consistent criticism from scholars and jurists who argued that the theory emphasized assignment of blame rather than addressing the underlying causes of marital breakdown. Critics undeniably considered matrimonial offences as indications rather than the actual reasons for marital problems. Nevertheless, a significant shift occurred with the enactment of the Act, introducing the breakdown principle, which permits either party to seek divorce based on the irretrievable breakdown of the marriage. This paradigmatic shift streamlined the divorce procedure, removing the necessity to prove specific matrimonial offences for obtaining a divorce. Flowing from the above, the paper argued the need to appreciate the inherent problems associated with the process of obtaining a divorce under the Nigerian Marriage Act as well as the aftermath effects. The author maintained that there is a structured procedure for the dissolution of marriages, with inherent notable complexities and gaps that negatively or positively impact implementation, thereof.www.https://kblsp.org
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Chibirikova, S. "Conflict regulation of the conclusion and dissolution of marriage." Bulletin of Science and Practice 5, no. 2 (2019): 263–67. https://doi.org/10.33619/2414-2948/39/35.
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The article deals with issues affecting the resolution of disputes in the field of marriage and family relations, which are complicated by a foreign element: the right to be applied to the conclusion, as well as the dissolution of the marriage. The analysis of fundamental acts that regulate marital relations at the international level, as well as national legislation. There are indicated collision bindings at marriage, as well as examples of the rule of law in practice when a marriage is dissolved between Russian and foreign citizens.
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Chibirikova, S. "Conflict regulation of the conclusion and dissolution of marriage." Bulletin of Science and Practice 5, no. 2 (2019): 263–67. http://dx.doi.org/10.33619/2414-2948/39/35.
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The article deals with issues affecting the resolution of disputes in the field of marriage and family relations, which are complicated by a foreign element: the right to be applied to the conclusion, as well as the dissolution of the marriage. The analysis of fundamental acts that regulate marital relations at the international level, as well as national legislation. There are indicated collision bindings at marriage, as well as examples of the rule of law in practice when a marriage is dissolved between Russian and foreign citizens.
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Nurunnisa, Nurunnisa, Rahmida Erliyani, Gilang Fitri Hermawan, and Yehia Mohamed Mostafa Abdelhadi. "Implications of Annulment of Marriage on the Distribution of Joint Assets according to the Compilation of Islamic Law and National Law." Syariah: Jurnal Hukum dan Pemikiran 23, no. 1 (2023): 1–23. http://dx.doi.org/10.18592/sjhp.v23i1.9523.
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Marriage, marriage dissolution due to marriage annulment and joint property which must be divided because of marriage annulment is one of the things that must strictly regulated by the state, but in Indonesia is still not regulated concretely, giving rise to a legal vacuum. So, this research aims to find out how the legal arrangements regarding the settlement of the division of joint assets after the cancellation of marriage and to find out how the implications of the cancellation of marriage on joint assets according to the Compilation of Islamic Law and National Law. The results are that first, the Compilation of Islamic Law and National Law cannot become the norm governing the distribution of joint assets if a marriage annulled. Second, there are no legal consequences for shared assets after the annulment of the marriage, but the ownership rights to the assets that have been mixed must be divided fairly between the parties. So that there must be codified arrangements so that there is no legal vacuum which can lead to multiple interpretations and in conducting marriages it would be better to make a marriage agreement to separate assets.
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Fastyn, Arkadiusz. "Zawarcie małżeństwa mieszanego wyznaniowo według prawa małżeńskiego z 1836 roku." Czasopismo Prawno-Historyczne 65, no. 1 (2018): 229–47. http://dx.doi.org/10.14746/cph.2013.65.1.09.
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The thesis discusses the signifi cant question of inter-denominational marriages in Poland prior to 1946. Until the end of 1945, the laws in force in Poland were the 19th-century statutes. They had been enacted by the neighbouring countries (Austria, Russia and Prussia) that partitioned the Polish territory in the second half of the 18th century. In the Polish lands enjoying some autonomy in the Russian Empire, the regulation of marriage was based on the religious principles of 1836. Under the 1836 statute, there could be no civil marriage that would not produce a confessional effect. Consequently, the regulation of marriage had to combine confessional and civil effects into single norms and the legislative authorities had to provide for mechanisms correlating such effects. This applied to both the conclusion and dissolution of marriage. In these matters, the Roman Catholic Church adopted an uncompromising stance following from its belief in the special theological character of the sacrament of marriage.
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Chae, Duckhee, Kyeong Hwa Kang, Nakyung Kim, Keiko Asami, and Jongdae Kim. "Impact of Marital Dissolution Timing and Duration on Self-Rated Health of Marriage Immigrants in Single-Person Households in South Korea." Research in Community and Public Health Nursing 36 (March 31, 2025): 122. https://doi.org/10.12799/rcphn.2025.01011.
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Purpose: This study examined associations between timing of marital dissolution, duration since marital dissolution, and self-rated health among marriage immigrants in South Korea who live in single-person households. Methods: This cross-sectional study employed a secondary analysis of data from the 2021 Korean National Multicultural Family Survey. We performed binary logistic regression analyses to examine the relationships between the variables of interest while controlling for social support, economic well-being, psychological well-being, and sociodemographic characteristics. Data from 407 marriage immigrant single-person households were included in the analyses. Results: Marriage immigrants’ self-rated health fluctuated over time but generally exhibited a downward trend following marital dissolution. After controlling for confounders, marital dissolution after age 50 and longer duration since dissolution (e.g., 3-6 years and 9+ years) were associated with increased odds of poor self-rated health. Unemployment and depressive symptoms significantly increased the odds of poor self-rated health, while higher social support had a protective effect. Conclusion: Transitioning to singlehood after marital dissolution may have long-term negative health consequences, particularly for those experiencing this transition later in life. Proactive interventions focusing on social support and health resource acquisition within the initial 3 years of separation may be crucial to mitigate health decline.
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Matnazarova, Yusupova Oysha. "The Right Of A Husband (Wife) To Inherit At The Factual Dissolution Of Marriage." American Journal of Political Science Law and Criminology 02, no. 12 (2020): 100–107. http://dx.doi.org/10.37547/tajpslc/volume02issue12-16.
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In many foreign countries today, the development trends of marriage and family show that along with the officially strengthened relationship between husband and wife, the factual relationship is also becoming more important. This in turn affects the couple’s right to inherit. The rapidly evolving processes of interstate integration and globalization make it necessary to improve the inheritance rights of couples in the law of succession, which is relatively conservative in nature. The aim of this research is to improve the existing inheritance law of the Republic of Uzbekistan by defining the criteria for declaring a marriage relationship between the spouses in practice and studying the scope of the spouses' legal rights to inherit in the event of the actual dissolution of the marriage. To achieve this goal, the following tasks have been identified: to clarify the status of the couple, to analyze the actual dissolution of the marriage as an obstacle to the exercise of the right of inheritance, development of proposals to improve national legislation on the rights of spouses to inheritance through the study of foreign experience.
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Wineberg, Howard. "Childbearing and Dissolution of the Second Marriage." Journal of Marriage and the Family 54, no. 4 (1992): 879. http://dx.doi.org/10.2307/353169.
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Cherlin, Andrew J. "Marriage and Marital Dissolution Among Black Americans." Journal of Comparative Family Studies 29, no. 1 (1998): 147–58. http://dx.doi.org/10.3138/jcfs.29.1.147.
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Bracher, Michael, Gigi Santow, S. Philip Morgan, and James Trussell. "Marriage Dissolution in Australia: Models and Explanations." Population Studies 47, no. 3 (1993): 403–25. http://dx.doi.org/10.1080/0032472031000147216.
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Che Mustapa, Noor Afiqah, Zaini Nasohah, and Zuliza Kusrin. "The Factors of Marriage Dissolution Between Hearing Impairment Couple at Melaka Syariah Court." Journal of Quran Sunnah Education & Special Needs 5, no. 2 (2021): 51–59. http://dx.doi.org/10.33102/jqss.vol5no2.132.
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The dissolution of marriage which occurs between Muslim married couple in Malaysia shall be referred to the Syariah Court either it is between typical couples or between couple with disabilities. However, couple with disabilities faces quite different challenges compared to typical couple in maintaining relationship. The article aims to identify the factors of marriage dissolution between hearing impairment couple registered at Malacca Syariah Court. The study uses the qualitative and interview research methodologies to identify conflicts in relationship confronted by hearing impairment couple which leads to dissolution of marriage. It is found that there are seven factors of marriage dissolution among hearing impairment couple which are the communication problem, lack of knowledge regarding Islamic Family Law, the intervention of family members in marital disputes, inadequate pre-marriage course, no specific marriage course through the period of marriage as well as post-marriage course for hearing impairment spouse. The implication of research discovers that all these courses shall be review in order to prevent escalated divorce rate among hearing impairment couple. Abstrak Setiap perceraian yang berlaku di antara pasangan berkahwin Muslim di Malaysia mestilah dirujuk kepada Mahkamah Syariah sama ada pasangan suami isteri tipikal ataupun pasangan Orang Kurang Upaya (OKU). Bagi golongan OKU pendengaran, cabaran yang dihadapi dalam meneruskan kehidupan rumahtangga walaubagaimanapun agak berbeza berbanding golongan tipikal. Tujuan artikel ini adalah untuk mengenalpasti faktor-faktor pembubaran perkahwinan antara pasangan OKU pendengaran yang didaftarkan di Mahkamah Syariah Negeri Melaka. Kajian menggunakan kaedah temu bual untuk mengenal pasti masalah pasangan OKU pendengaran yang membawa kepada pembubaran perkahwinan. Hasil kajian mendapati terdapat enam faktor pembubaran perkahwinan antara pasangan OKU pendengaran iaitu masalah komunikasi, kurang pendedahan tentang ilmu Undang-Undang Keluarga Islam, campur tangan ahli keluarga dalam masalah rumahtangga, kursus Pra-Perkahwinan yang dianjurkan tidak bersesuaian, tiada kursus khusus sepanjang tempoh perkahwinan dan tiada kursus pasca perkahwinan khusus bagi pasangan OKU Pendengaran. Implikasi dari kajian mendapati bahawa kursus-kursus khas tersebut perlu dikaji semula bagi mengurangkan kadar perceraian dalam kalangan pasangan OKU pendengaran.
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Azcárraga Monzonís, Carmen, and Pablo Quinzá Redondo. "Cambio de apellidos y otros efectos derivados de la disolución del vínculo matrimonial. Comentario de la sentencia de la Audiencia Provincial de Granada (Sección 5ª) núm. 319/2017, de 14 de septiembre = Change of family names and other effects derived from the dissolution of the marriage. Comment on the judgment of the Spanish Court of Appeal of Granada (Section 5) number 319/2017 of 14th september." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (2018): 802. http://dx.doi.org/10.20318/cdt.2018.4402.
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Resumen: Cambio de apellidos de la esposa tras disolución del vínculo matrimonial, así como otros efectos derivados de la misma, no identificándose ni aplicándose correctamente la normativa de Derecho internacional privado aplicable el caso.Palabras clave: cambio de apellidos, disolución del vínculo matrimonial, menores, alimentos, efectos patrimoniales del matrimonio.Abstract: This case deals with the change of the family name of a wife after the dissolution of her marriage as well as other effects derived from that dissolution. The judgment seems not to identify or apply properly the Private international law rules governing the different matters involved in this case.Keywords: change of family names, dissolution of marriage, minors, maintenance claims, matrimonial property regime.
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Guzzo, Karen Benjamin. "Marriage and Dissolution Among Women’s Cohabitations: Variations by Stepfamily Status and Shared Childbearing." Journal of Family Issues 39, no. 4 (2017): 1108–36. http://dx.doi.org/10.1177/0192513x16686136.
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Cohabiting unions increasingly involve children, either born during the union and/or from prior relationships (i.e., stepchildren). Drawing from arguments about the institutionalization of cohabitation and stepfamilies as well as the family systems perspective, this article examines dissolution and marriage risks among women’s cohabiting unions by stepfamily status, configuration (which partner has children), and shared intended and unintended fertility using the 2006-2013 National Survey of Family Growth. A minority (32%) of first cohabitations, but the majority of second (65%), and third (75%) cohabitations, are stepfamilies. Stepfamily cohabitations are less likely to transition to marriage compared with nonstepfamily unions, especially among complex stepfamilies (both partners have children), but neither stepfamily status nor configuration affect dissolution. Shared intended and unintended births are associated with dissolution and marriage risks but largely only for nonstepfamily cohabitations, suggesting that shared childbearing is only indicative of the institutionalization for cohabitations that are not stepfamilies.
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Yen, Pei-Chih, and Wen-Shan Yang. "A Comparative Study of Marital Dissolution in East Asian Societies: Gender Attitudes and Social Expectations towards Marriage in Taiwan, Korea and Japan." Asian Journal of Social Science 39, no. 6 (2011): 751–75. http://dx.doi.org/10.1163/156853111x619210.
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Abstract The rising trend of marital dissolution, just like marriage delay and non-marriage, has received much attention in both academic and public arena in East Asia in recent years. Taking a gender and comparative perspective, our research investigates marital dissolution by examining the changes in marital attitudes, gender roles, socio-economic status and educational opportunity of women and their influence on marital decisions in three East Asian countries, Japan, Korea and Taiwan. In addition, we also investigate the impact of shifting social expectations towards marriage and the reconfiguration of the meaning of matrimony. Furthermore, our study aims to explore the clash between institutional purposes of marriage in Confucian and Collectivist values and modern and individualistic goals of marriage in East Asian societies today. Our analysis is based on data from the special family module of the 2006 East Asia Social Survey conducted simultaneously in Taiwan, Korea and Japan.
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Ali, Haseeb, Aftab Hussain, Muhammad Islam, and Hafiz Muhammad Azeem. "Dissolution of Marriage: Exploring Various Modalities of Ending Marriage in Islamic Law." Society, Law and Policy Review 1, no. 1 (2022): 45–55. http://dx.doi.org/10.62585/slpr.v1i1.23.
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The purpose of this paper is to familiarize readers with the various methods of divorce in Islamic law. Divorce, according to the Holy Prophet (SAW), is the worst of the things permitted by law. Divorce is an evil that should be avoided as much as possible. However, in some cases, this evil becomes a necessity, because when the parties to the marriage are unable to carry on their union with mutual affection and love, it is preferable to allow them to separate rather than compel them to remain together in a state of animosity and apathy. The author also aims to provide a thorough explanation of the broad notion of divorce in Islam by methodically classifying it according to its effectiveness and structure. Furthermore, it seeks to clarify the rights granted to the husband and wife in the event of a divorce. All of the different aspects of divorce will be carefully covered in separate sections so that readers can grasp the subject completely.
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GAVALAS, VASILIS S. "FAMILY FORMATION AND DISSOLUTION IN AN AEGEAN ISLAND." Journal of Biosocial Science 37, no. 3 (2004): 351–70. http://dx.doi.org/10.1017/s0021932004006789.
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This paper explores family formation and dissolution in the Aegean island of Paros over the period 1894–1998. The examined issues are: trends in age at marriage, age gap between spouses, age differentials among different occupational groups, age at widowhood, remarriage, illegitimacy and bridal pregnancy. The main findings confirmed that certain characteristics of the ‘Mediterranean’ marriage pattern, such as low age at marriage for females, high for males and large age gap between spouses, were present in the study population up until the 1980s. The feature of the family cycle that has changed most dramatically over the examined period is age at widowhood, which has increased spectacularly owing to the impressive progress in adult, and especially maternal, mortality that took place in Greece in the post-war years.
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Feige, Friederike. "Recent Changes in Marriage Formation and Dissolution Behaviour in Czechia." Demografie 65, no. 4 (2023): 200–217. http://dx.doi.org/10.54694/dem.0334.
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Marriage formation and dissolution behaviours have changed significantly over time in Czechia. This article studies in greater detail the marital behaviour changes observed in the period 1993–2022 using the LIPRO 4.0 multistate programme, which allows for a detailed analysis of changes in life expectancy according to years spent in each marital state, marriage formation and dissolution behaviours, and the average ages at the time of different marital status events. The probabilities for the transition to the divorced and to the remarried state at selected ages are also presented, along with a status-quo projection of the Czech population until 2030. The results indicate the continued postponement of marriage and subsequent marital events. Czechs have been spending an increasing time never-married since the establishment of Czechia. However, recent improvements in first marriage and remarriage rates at the same time as declining divorce rates since 2019 suggest a renewed interest in marriage. Despite these positive developments, the population projection indicates a continued increase in the never-married population.
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Manthwa, Aubrey, and Paul Nkoane. "In Joint Matrimony We Share: Controlling the Powers to Use the Trust to Limit Matrimonial Property Rights in South African Law." South African Mercantile Law Journal 33, no. 1 (2021): 89–111. http://dx.doi.org/10.47348/samlj/v33/i1a4.
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The deceitful use of trusts has created a fair amount of controversy, specifically where it has appeared that a trust has been employed to limit the rights of third parties. This article argues that it is in the interests of the law to ensure that rights are vindicated when unlawfully limited. Similarly, it is in the interest of the common good that legitimately acquired rights are protected. Trust laws state that there must be a separation between control and enjoyment and, in cases where there is no separation, the courts may scrutinise the affairs of a trust. Recent developments have illustrated that measures that provide relief to spouses upon the dissolution of the marriage may not be readily invoked, especially for marriages in community of property. Family trusts have provided spouses with avenues for hiding assets that would otherwise fall into the joint estate. Courts need to adopt a robust approach when dealing with trust assets upon the dissolution of a marriage, particularly to protect the rights of competing spouses.