Divorce

Divorce, or dissolution of marriage, is the legal end of a marriage. It usually involves canceling or rearranging the legal duties and responsibilities tied to marriage, as defined by the law of a specific country or state. In most places, divorce is a legal process that needs approval from a court or other authority, and it can cover issues like dividing property, child custody, alimony, visitation, parenting time, child support, and splitting debt. Because most countries require monogamy, divorce allows each former partner to remarry. It differs from annulment, which declares a marriage invalid, and from legal separation (where a couple formalizes a separation while staying married) or de facto separation (where spouses informally stop living together). Reasons for divorce vary, from sexual incompatibility or lack of independence to personality clashes or infidelity.

Only two countries do not allow divorce: the Philippines and Vatican City. In the Philippines, non-Muslim Filipinos cannot divorce unless one spouse is an undocumented immigrant meeting certain conditions. Vatican City, a theocratic state led by the head of the Catholic Church, also bans divorce. Countries that legalized divorce relatively recently include Italy (1970), Portugal (1975, though possible from 1910 to 1940 for civil and religious marriages), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991, with a 1976 allowance only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004), and Malta (2011).

Divorce laws vary, but there are two basic approaches: fault-based and no-fault. Even in some no-fault jurisdictions, a court may still consider a spouse’s behavior when dividing property, debts, custody, or support. In some places, one spouse may have to pay the other’s attorney fees. Grounds for divorce differ widely. Marriage may be seen as a contract, a status, or both. Where it’s a contract, refusing or failing to meet obligations can be grounds for divorce. In countries like Sweden, Finland, Australia, and New Zealand, divorce is purely no-fault, meaning couples can separate freely without proving fault. Many jurisdictions, such as many US states, France, and the Czech Republic, offer both no-fault and at-fault options. Waiting periods and residency requirements vary, but property division is typically governed by the law where the property is located.

In Europe, divorce laws reflect different legal and cultural traditions. In some countries, especially former communist ones, divorce is granted only on the ground of “irretrievable breakdown of the marriage” (or similar). What counts as a breakdown varies widely, from very liberal interpretations (e.g., Netherlands) to restrictive ones (e.g., Poland, where there must be an “irretrievable and complete disintegration of matrimonial life,” with many restrictions). Separation is a ground for divorce in some European countries. In Germany, for example, a divorce is granted after a one-year separation if both spouses consent, or three years if only one does. “Separation” doesn’t always mean separate homes—in places like Latvia and the Czech Republic, living separately in the same household (e.g., eating, sleeping, socializing apart) counts as de facto separation.

Divorce laws change over time, reflecting evolving social norms. In the 21st century, many European countries have reduced required separation periods: Scotland in 2006 (from 2 or 5 years to 1 or 2), France in 2005 (from 6 years to 2), Switzerland in 2005 (from 4 years to 2), and Greece in 2008 (from 4 years to 2). Some countries overhauled their laws entirely, like Spain in 2005 and Portugal in 2008. Belgium introduced a new primarily no-fault system in September 2007. In the UK, a 2022 law removed the need for the person starting divorce to blame their spouse. Bulgaria updated its regulations in 2009. Italy passed new laws in 2014 and 2015, shortening the required separation period (6 months for consensual, 1 year for contested, down from 3 years) and allowing alternatives to court, such as negotiations with a lawyer or agreements before a public registry officer.