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(Read here about the sitenotice) Divorce (or the dissolution of marriage) is the final termination of a marital association with the canceling of the legal duties and responsibilities of marriage and dissolves the marriage between the partiesIn most countries require a divorce approval by a court or other authority in a legal process. The legal process prior to divorce may also involve issues of spousal maintenance, child custody, child support, distribution of property and division of debt. In most western countries divorce is not an invalidation of the marriage, as in an annulment, by contrast, cancelled the partners marital status.
Where monogamy is lovpålagt, allow divorce either partner to marry again.
Where polygamy is permitted, providing the divorce, the woman is allowed to marry another. Skilsmisselovgivningen varies considerably around the world, and divorce is not allowed in strictly roman catholic countries such as Malta or the Philippines, while an annulment is permitted. In the period - was divorce, however, legalized in four catholic countries in Europe, namely Spain, Italy, Portugal and Ireland. The reformation was a reaction against the catholic view of marriage, arguing that marriage is better for the christian than celibacy, since sexual drive is a gift from God and ubetvingelig as a part of nature. The catholics banned divorce, but allowed the separation, which resulted in the requirement of sexual abstinence for both parties, was criticized. The reformers believed that divorce with the right to gengifte should be allowed, however, should skilsmisseadgangen be justified from the Bible. The marriage should, in principle, be a secular and not a religious matter. The prince would design ægteskabsretten. With the reformation in Denmark-Norway, it was supposed, that the secular courts would take over, but it did not. In established the king Kapitelretten, also called Tamperretten or Konsistorialretten, as a court, among other things, ægteskabstvister.
People (later amtmanden) was the president of the court.
The bishop and the clergy at the cathedrals served as the professional judges, which meant that the judiciary was actually returned to the church, almost as in the catholic time. Kapitelretten was, however, abolished by the reform of the justice system in. s ægteskabsordinans of was Tamperrettens normgrundlag. It was designed by the worldly myndigheter, built on Luther's views. Divorce was allowed only on the biblical basis, by the 'adultery' (adultery), desertio (one party stack), as well as impotence. Divorce was granted by judgment.
The only effect expressed in ordinansen, however, was, that in horsager, the bedragne party, without further re-marry as divorced.
As ordinansen otherwise expressed themselves deficient on the judgment legal effect, was the common law of great importance. Tamperretten used its discretion. The practice was such that the guilty parties by decree of divorce 'have his Marriage broken' and thus lost his share in the joint property, in forældremagt the right to personal contact with joint children, as well as the right to conclude a new marriage. The innocent party, in contrast, the right to marry again. In a judgment of the Kapitelretten in Bergen cathedral. april, when Dorothea Steindatter was divorced from John Lauritssøn, said: 'When blef she divorced from hannem, so that she may gifftue, where hendis Lycke customer cars, and he never, without the høy Øffrighed hannem it naadelig grants. If the abandoned party had committed lejermål, before three years were over, he could, however, she is not denied gengifte, 'without with the Person, as the gardens forseet with'. Tamperretten in Bergen decided, as a rule, to the abandoned party will be able to marry who he or she 'løstet' (chose), or with the person God wanted 'him to add'.
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Usually it was the woman who sat left back.
The judges saw it that it was the community who sat with the bill for the maintenance of the deserted woman and her children - so it was better that she was married again and maintained and there was an unmarried barnefar inside the picture, was he the nearest to take responsibility.
Most skilsmissedomme before forespejlede the guilty party in adultery, and desertio cases the possibility of gengifte but the first had a longer 'quarantined' served. Only the serious cases, such as incest, it was stale to agree to the guilty party any opportunity of a new marriage. With the enlightenment won the vision of marriage as a secular agreement forward and opened for a more liberal divorce law. In a certain king, that the people should get rid of the detour on the judicial system to be divorced, provided that the pair had been separated for - years ahead. They could then submit a legal separation and divorce-suplik (application). Many took the opportunity, and stated 'Temper Mismatch' as the reason.
A farmer from Elverum Knut Bergensen Oudenby and wife Gertrud Olsdatter, divorced by the royal bevilgning.
October, wrote only, that they would not betray each other. since the Error on. both Sides may have founded a Discrepancy'. In order to succeed with such an application, may the pair be agree samlivsbrud whether nest sharing, children's benefits, and any contributions. The priest attached his confirmation and certificates. In rationalismens age they were not busy by any biblical justification. After the dissolution of Denmark-Norway in, it was harder to get a divorce in Norway. The background was Parliament fear that the king, Karl Johan, could attack the the constitution of by using its dispensationsmyndighed to bypass the Parliament as the actual legislature. In a historical perspective, it is strange that some preachers will not devote divorced.
Thereby require the divorced to live celibate, and it is not in good lutheran spirit.
In the s liberalised in the nordic countries the access to divorce by accepting no-fault divorce, ie. divorce by agreement between the parties, without proof or contention on the traditional forgåelser as adultery, cruelty, bigamy, etc. In countries like the Uk, Germany, France, Italy and the UNITED states were no-fault divorce is not accepted until around. In the Nordic countries have the marriage first and foremost been a secular social institution, which the church never quite got the full control over the. Skilsmisselovgivningen changed independently of the social democrats, driven by the radical liberal forces, and with conservative support, when the latter saw the liberalisation of the skilmisse as a way to strengthen the marriage position on the. Family, gender and population was not seen as something private, but on the contrary, as the public affairs of great social importance. The conditions for divorce are described in the Law on the conclusion and resolution.
The rules are managed by Familiestyrelsen (ex.
Civil law) and is equal for both heterosexual marriages and for registered partnerships - apart from the fact that only heterosexual couples have a claim on the mediation of a priest. Administration and counseling happening today at the state Administration, the former government office and even earlier by Tamperretten. The first condition for obtaining a divorce is that the relationship is entered into in a lawful manner. Otherwise it will be overturned. A party in the relationship can apply for divorce (without prior separation), if one or more of these conditions are met: Divorce in the other case assumes an appropriation of the separation, which is given by the state Administration (ex. The governor's office).
After six months the partners can achieve divorce, provided that they agree on it.
But after a year of separation, the relationship can be dissolved if just one party asks for it.
A party in the relationship, who do not believe to be able to continue to live together, have the right to separation.
However, if the parties resume cohabitation, lapse separation. If a few so trying to resume the relationship in the course of the separation, but fails, they must start all over again with a new request for legal separation. Already by the granting of the legal separation is hereby repealed most of the legal effects of the marriage, respectively. the registered partnership. inherit they no longer automatically each other, and the right to life insurance policy lapse usually also. The state administration carries out vilkårsforhandling in connection with separation and divorce. If the parties cannot agree, the matter settled by a court.