Thursday, May 28, 2009

No-fault divorce

Under a no-fault divorce system, the dissolution of a marriage does not require an allegation or proof of fault of either party. No-fault divorce has been in operation in Australia since 1975. In Australia the only ground for divorce is separation (or "deemed separation") for 12 months. The application can be made by either party or by both parties jointly. The same holds true for Germany.

Forty-nine states of the United States have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.

In the United Kingdom, to obtain a no-fault divorce the parties must have been separated for 2 years if both parties agree, and 5 years if one party does not agree.

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