法律英语词汇“divorce”的翻译、意思、用法、释义-法律词典

divorce
n. The legal termination of a marriage and the obligations created by marriage, other than by a nullity of marriage order or presumption of death. Before 1969, the law required proof of a matrimonial offence (adultery, cruelty, or desertion of three years). The current law is contained in the Matrimonial Causes Act 1973, as amended by the Divorce, Dissolution and Separation Act 2020, which provides that there is only one ground for divorce, namely that the marriage has irretrievably broken down. Proceedings are initiated by either or both spouses making an application for a divorce order, accompanied by a statement that the marriage has broken down irretrievably. (Divorce proceedings may not be started within the first year of a marriage.) Before the 2020 Act, irretrievable breakdown of a marriage had to be evidenced by one of the following five facts:

1. that the respondent had committed adultery and the petitioner found it intolerable to live with the respondent;

2. that the respondent had behaved in such a way that the petitioner could not reasonably be expected to live with the respondent (see behaviour);

3. that the respondent had deserted the petitioner for at least two years (see desertion);

4. that the parties had lived apart for at least two years and the respondent consented to a divorce;

5. that the parties had lived apart for at least five years.

It should be noted that uncontested divorce cases (representing the majority) were heard under the special procedure, which avoided the need for the facts alleged to be proved in a hearing.

The 2020 Act removed the requirements to cite, or inquire into, the reasons for the marital breakdown. The court must take the statement itself to be conclusive evidence of irretrievable breakdown and must make a conditional order. That said, before the conditional order can be made, one or both parties must confirm that they wish the application to continue, and they cannot generally provide such confirmation until 20 weeks after the commencement of proceedings. Generally, the divorce order may not be made final until six weeks after the conditional order is made. The marriage is not terminated until the divorce order has been granted.

A respondent can apply for a postponement of the divorce until the court is satisfied that the petitioner has made fair and reasonable financial provision for the respondent.

Courts have wide powers under the Matrimonial Causes Act 1973 to make orders in respect of children and to adjust financial and property rights. See also child protection in divorce; financial provision order; maintenance agreement; property adjustment order.

“Dissolution” of a civil partnership proceeds in essentially the same way under the Civil Partnership Act 2004.