Divorce

Introduction

The wide variation in the legal provision for divorce also affects the incidence of divorce, which is relatively low in countries or areas where divorce is difficult to obtain. Levels of divorce are also affected by the ability of husbands and wives to meet administrative and court cost, and likewise by religious beliefs worldwide. Statistics consistently show that Guatemala has the lowest divorce rate in the world, with 0.1 divorces as a percent of marriage. In 2002, Sweden had the highest rate, with 54.9 percent followed by Belarus at 2.9 percent. A separation can be obtained in many countries, but this usually only comprises the first part of the divorce.

The Principles of Divorce

This is usually the case if there is disagreement between the parties, and if amicable arrangements are been made, the legal system may only be used to grant the divorce itself. These areas are complex and are often subject to dispute.

. Australia has a no-fault system that has been in place since 1975, but in the United Kingdom, couples must wait for two years if a no-fault divorce is to be granted. Adversarial proceedings about fault or other issues can be an expensive and stressful experience to those involved, and particular attention is paid to children in such circumstances by sociologists as well as governments (Goody, 77).

For example, the United Kingdom's 1996 Family Law Act intended to make a 12-month “cooling off” period and mediation compulsory, but pilots were unsuccessful, and that part of the Act was not implemented. In Portugal, however, since March 2008, if spouses agree to divorce and associated terms, they can have an electronic divorce, which can also be issued by a non judiciary administrator. Parenting plans are compulsory in the United States, and these set out child and parent contact in some details.

Statistics

The top 10 world divorce rates in 2002 were Sweden, 54.9 percent; Belarus, 52.9 percent; Finland, 51.2 percent; Luxembourg, 47.4 percent; Estonia, 46.7 percent; Australia, 46 percent; United States, 45.8 percent; Denmark, 44.5 percent; Belgium, 44 percent; and Austria, 43.4 percent. The bottom 10 rates were Guatemala, 0.13 percent; Sri Lanka, 0.15 percent; Libya, 0.24 percent; Armenia, 0.3 percent; Mongolia, 0.38 percent; Georgia, 0.40 percent; Bosnia and Herzegovina, 0.40 percent; Chile, 0.42 percent; Mexico, 0.48 percent; and El Salvador, 0.49 percent (Amato, 1269).

Child Support and Residence

Ex-spouses often find it difficult to agree on financial maintenance and frequency of contact between parents and children, which can be complicated by legal systems and parents linking the two. In around 10 percent of cases in Europe, parents who cannot agree on the terms of divorce in respect to their children use the court systems to make a decision for them. It is usually the case that such courts will settle living and visiting arrangements of children before coming to decisions about property division and maintenance (Amato, 26).

Many studies showed that this resulted in problems with the ongoing relationship between the parents and children, and this association was removed in 2005. Other child support systems ...