Muslim
societies:-
In the Muslim world, legislation concerning divorce varies from
country to country. Different Muslim scholars can have slightly
differing interpretations of divorce in Islam, (e.g. concerning
triple talaq).
No-fault divorce is allowed in Muslim societies,
although normally only with the consent of the husband. A wife seeking
divorce is normally required to give one of several specific justifications
(see below). Islam discourages divorce.
If the man seeks divorce or was divorced, he has
to cover the expenses of his ex-wife feeding his child and expenses
of the child until the child is two years old (that is if the child
is under two years old). The child is still the child of the couple
despite of the divorce.
If it is the wife who seeks divorce, she must go
to a court. She must provide evidence of ill treatment, inability
to sustain her financially, sexual impotence on the part of the
husband, her dislike of his looks, etc. The husband may be given
time to fix the problem, but if he fails, the appointed judge will
divorce the couple if the couple still wish to be divorced.
France :-
The French Civil code (modified on January 1, 2005), permits divorce
for 4 different reasons; mutual consent (which comprises over 60%
of all divorces) acceptance separation of 2 years and due to the
'fault' of one partner (accounting for most of the other 40%).
Italy:-
Presumably due to the strong influence of the Roman Catholic Church,
divorce was all but unobtainable in the Italian Republic and its
predecessor states. The difficulty of ridding oneself of an unwanted
spouse was a frequent a topic of drama and humor, reaching its apotheosis
in the 1961 film Divorce, Italian Style. On December 1, 1970, the
civil code of Italy was amended to permit the granting of divorces
by the civil courts. Subsequent efforts at repealing the divorce
statute by referendum have so far been unsuccessful.
Japan:-
In Japan, there are four types of divorce. Divorce by Mutual Consent
(kyogi rikon), Divorce by Family Court Mediation (chotei rikon),
Divorce by Family court Judgement (shimpan rikon), and Divorce by
District Court Judgment (saiban rikon).
Divorce by mutual consent is a simple process of
submitting a declaration to the relevant government office that
says both spouses agree to divorce. This form is often called the
"Green Form" due to the wide green band across the top.
If both parties fail to reach agreement on conditions of a Divorce
By Mutual Consent, such as child custody which must be specified
on the divorce form, then they must use one of the other three types
of divorce. Another type may also be necessary, in the case of an
international divorce; Japan's Divorce By Mutual Consent is not
recognized by all countries.
Divorce by Mutual Consent in Japan differs from
divorce in many other countries in that it is not always possible
to verify the identity of the non Japanese spouse in the case of
an international divorce. This is due to two facts. First, both
spouses do not have to be present when submitting the divorce form
to the government office. Second, a Japanese citizen must authorize
the divorce form using a personal stamp (hanko), and Japan has a
legal mechanism for registration of personal stamps. On the other
hand, a non-Japanese citizen can authorize the divorce form with
a signature. But there is no such legal registry for signatures,
making forgery of the signature of a non-Japanese spouse difficult
to prevent at best, and impossible to prevent without foresight.
The only defense against such forgery is, before the forgery occurs,
to submit another form to prevent a divorce form from being legally
accepted by the government office at all. This form must be renewed
every six months. |