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Dissolution Of Marriage

CHAPTER FOUR
DISSOLUTION OF MARRIAGE

Article 74. – Various Forms of Marriage Equivalent.
1)    The causes and effects of dissolution of marriage shall be the same whichever the form of celebration of the marriage.
2)    No distinction shall be made concerning dissolution whichever the form according to which the marriage is celebrated.

Article 75. – Causes of Dissolution of Marriage
The following shall be causes of dissolution of marriage;
(a)    Death of one of the spouses, or declaration of absence, by the court, of one of the spouses;
(b)    Dissolution order by court due to violation of one of the essential conditions of marriage; or
(c)    Divorce

Article 76. – Conditions of Decision for Divorce
Marriage shall dissolve by divorce where:
(a)    The spouses have agreed to divorce by mutual consent and such agreement is accepted by the court; or
(b)    The spouses or one of them made a petition, for divorce, to the court.

     Section 1. Divorce by Mutual Consent

Article 77. – Petition for Divorce by Mutual Consent.
1)    Where the spouses have agreed to divorce by mutual consent, such agreement, which shall also regulate the consequences thereof, shall be submitted in writing to the court for approval.
2)    Notwithstanding the provisions of Sub-Article (1) of this Article, spouses whose marriage lasted for less than six months shall not be permitted to divorce by mutual consent.
3)    Spouses who petition for divorce by mutual consent are not obligated to state the reason thereof.

Article 78. – Power of the Court.
1)    Where a petition for divorce is made under Article 77(1) the court may discuss with the spouses separately or jointly and counsel them to renounce their intention to divorce.
2)    In the event that the spouses did not show willingness to renounce their intention to divorce, the court may, having regard to circumstances, dismiss them giving a cooling period of not more than three months.

Article 79. – Re-application.
1)    Where the spouses did not change their intention to divorce within the cooling period given to them under Article 78 (2), they may re-apply to the court to approve their agreement to divorce within six months from the last date of such cooling period.
2)    Notwithstanding the six months time limit provided in Sub-Article (1) of this Article, nothing shall prevent the spouses from submitting a new petition for divorce.

Article 80. – Approval of Divorce by Mutual Consent.
1)    The court shall approve the divorce agreement only when it believes that the arrangement is the true expression of the intention and free consent of the spouses and is not contrary to law morality.
2)    The court shall also approve the conditions of the divorce agreed between the spouses together with the divorce agreement.
3)    Notwithstanding the provisions of Sub-Article (2) of this Article, where the agreement of the spouses on the conditions of divorce does not sufficiently protect the interest and well being of their children, or, where it adversely affects the interests of one of the spouses, the court may approve only the divorce agreement and give decisions it may deem appropriate to correct the defects on the conditions of divorce.

         Section 2. Divorce by Petition

Article 81. –(1) Petition for Divorce.
1)    A petition for divorce may be made to the court either by the two spouses conjointly or by one of them.
2)    The spouses or one of them may state in the petition the reason for divorce.

Article 82. – (2) Power of the Court.
1)    Where the petition for divorce is made under the preceding Article, the court shall speak to the spouses separately or jointly with a view of persuading them to renounce the petition for divorce and solve their dispute amicably.
2)    Where the attempt made under Sub-Article (1) has failed is likely to fail, the court may direct the spouses to settle their dispute through arbitrators of their own choice.
3)    Where the spouses did not agree to settle their dispute through arbitration, the court may dismiss the parties giving them a cooling period of up to three months.
4)    Where all the efforts made under the preceding provisions have failed, the court shall pronounce divorce within one month from the receipt of the reports or arbitrators, or the end of the cooling period, as the case may be.
5)    From the time of the petition for divorce is brought before it, the court shall forthwith give appropriate order regarding the maintenance of the spouses, the custody and maintenance of their children and the management of the property.
6)    Where circumstances absolutely require that one of the spouses leave their common abode, the court shall, when giving an order under Sub-Article (5) of this Article, take into consideration the interest of children and the condition of the spouses who may be affected more by leaving their common abode.

Article 83. – Decision on Conditions of Divorce.
1)    Where the marriage is dissolved by divorce under this section, the court shall request the spouses to agree on the conditions of divorce.
2)    Where the spouses are not willing to agree or have failed to agree in accordance with Sub-Article (1) of this Article, the court shall, by itself, or through arbitrators, or experts appointed by it, or by any other means it think appropriate, decide on the conditions of divorce.
3)    The conditions of divorce agreed upon by the spouses or decided by arbitrators or experts shall be submitted to the court for approval.
4)    After deciding the divorce, the court may postpone the judgment on  conditions of the divorce for not more than six months.

Article 84. – Indemnities.
Where the cause of the divorce is imputable to one of the spouses and where justice so required, the court may order such spouses to make good the damage sustained by the other spouse.