For other uses, see Divorce (disambiguation). Family law Family Marriage and other euivalent or similar unions and status Marriage !ypes of marriages "renuptial agreement #ohabitation #ivil union Domestic partnership $alidity of marriages $oid and $oidable marriages %nnulment Dissolution of marriages Divorce %dultery &rounds for divorce Matrimonial #auses %ct 'egal separation %limony "arenting plan (esidence ()* (+.W. and ,-)) "arental rights #ustody +valuator ()...) "arenting coordinator ()...) /ther issues "aternity 'egitimacy #hild custody 'egal guardian %doption #hild support #ontact 0 $isitation #%F#%.. ()* (+.W.)) &randparent visitation ).,. (ights of the #hild #hildren1s rights +mancipation Foster care Ward "arental child abduction "rivate international law "rivate international law Divorce Marriage 2ague #onvention (adoption) -nternational child abduction 2ague #onvention (child abduction) !he Family and the #riminal #ode (or #riminal 'aw) "aternity fraud 3igamy #". ()...) #hild abuse Domestic violence -ncest #hild4selling v t e (elationships !ypes5show6 %ctivities5show6 +ndings5show6 +motions5show6 "ractices5show6 %buse5show6 v t e Divorce (or the dissolution of marriage) is the termination of a marital union, the canceling and7or reorgani8ing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and7or state. Divorce should not be confused with annulment, which declares the marriage null and void9 with legal separation (a legal process by which a married couple may formali8e a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Divorce laws vary considerably around the world, but in most countries it reuires the sanction of a court or other authority in a legal process. !he legal process of divorce may also involve issues of alimony (spousal support), child custody, child visitation 7 access, parenting time, child support, distribution of property, and division of debt. -n most countries monogamy is reuired by law, so divorce allows each former partner to marry another9 where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband. Divorce can be a stressful e:perience; a<ecting =nances, living arrangements, household >obs, schedules, parenting and the outcomes of children of the marriage as they face each stage of development from childhood to adulthood. -f the family includes children, they may be deeply a<ected.5?6 !he only countries that do not allow divorce are the "hilippines and the $atican #ity, an ecclesiastical state, which has no procedure for divorce. #ountries that have relatively recently legali8ed divorce are -taly (?@AB), "ortugal (?@AC), 3ra8il (?@AA), .pain (?@D?), %rgentina (?@DA),5E6 -reland (?@@F), #hile (EBBG)5H6 and Malta (EB??). #ontents ? /verview E 'aw E.? !ypes of divorce E.?.? #ontested divorce E.?.E %t4fault divorce E.?.H .ummary divorce E.?.G ,o4fault divorce E.?.C )ncontested divorce E.?.F #ollaborative divorce E.?.A Mediated divorce H "olygamy and divorce G +<ects of divorce G.? Divorce and relationships G.E +<ects of divorce on children G.E.? "sychological G.E.E %cademic and socioeconomic G.H Divorce amongst the elderly C .tatistics C.? %sia C.E +urope C.H ,orth %merica C.H.? )nited .tates C.G /ceania F Divorce of same4se: married couples ()nited .tates) F.? (ights of spouses to custody of children F.E .ame4se: divorce in a state that does not recogni8e same4se: marriage A 2istory A.? &reco4(oman culture A.E Medieval +urope A.H .ecularisation in +urope A.G Iapan A.C -ndia A.F -slam A.A !he "hilippines D #auses of divorce @ (eligion and divorce ?B &ender and divorce ?? .ee also ?E (eferences ?H Further reading ?G +:ternal links /verview Divorce grounds vary signi=cantly from country to country. Marriage is (particularly in the West) seen as a contract, as such, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. Jet, in some countries, (such as .weden,5G6 Finland,5C6 %ustralia,5F6 ,ew Kealand5A6) divorce is purely no fault. Many >urisdictions o<er both the option of a no fault divorce as well as an at fault divorce. !his is the case, for e:ample, in many ). states (see &rounds for divorce ()nited .tates)). !hough divorce laws vary between >urisdictions, there are two basic approaches to divorce; fault based and no4fault based. 2owever, even in some >urisdictions that do not reuire a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. -n some >urisdictions one spouse may be forced to pay the attorney1s fees of another spouse.5D6 'aws vary as to the waiting period before a divorce is e<ective. %lso, residency reuirements vary. 2owever, issues of division of property are typically determined by the law of the >urisdiction in which the property is located.5@6 -n +urope divorce laws di<er from country to country, reLecting di<ering legal and cultural traditions. -n some countries, particularly (but not only) in some former communist countries, divorce can only be obtained on one singe general ground of Miretrivable breakdown of the marriageM (or a similar formulation). Jet, what constitutes such a MbreakdownM of the marriage is interpreted very di<erently from >urisdiction to >urisdiction, ranging from very liberal interpretations (e.g. ,etherlands 5?B6) to uite restrictive ones (for instance in "oland there must be an Mirretrievable and complete disintegration of matrimonial lifeM, but there are many restrictions to granting a divorce).5??65?E6 .eparation constitutes a ground of divorce in some +uropean countries (in &ermany for instance a divorce is granted on the basis of one year separation if both spouses consent, or three years separation if only one spouse consents).5?H6 -t is important to note that MseparationM does not necessarily mean separate residences 4 in some >urisdictions living in the same household but leading a separate life (e.g. eating, sleeping, sociali8ing etc. separately) is suNcient to constitute de facto separation9 this is e:plicitly stated, for instance, in the family law of 'atvia.5?G6 Divorce laws are not static, they often change reLecting evolving social norms of societies. -n the E?st century, many +uropean countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g. .cotland in EBBF (? or E years from the previous E or C years)9 France in EBBC (E years from the previous F years), 5?C6 .wit8erland in EBBC (E years from the previous G years),5?F6 &reece in EBBD (E years from the previous G years).5?A6 .ome countries have completely overhauled their divorce laws, such as .pain in EBBC,5?D6 and "ortugal in EBBD. % new divorce law also came into force in .eptember EBBA in 3elgium, creating a new system that is primarily no4fault.5?@6 -n -taly however, the divorce laws still remain traditionally based, with divorce being a relatively complicated and lengthy process. %ustria is another +uropean country where the divorce law remains conservative. 5EB6 !he liberali8ation of divorce laws is not without opposition, particularly in the )nited .tates. -ndeed, in the )., conservative and religious organi8ations are lobbying for laws which restrict divorce. -n EB??, in the )., the #oalition for Divorce (eform was established, describing itself as an organi8ation Mdedicated to supporting e<orts to reduce unnecessary divorce and promote healthy marriagesM.5E?6 'aw .ee also; Divorce law by country !ypes of divorce Despite this, in some countries the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a =duciary duty to his or her spouse (for e:ample, see Family #ode .ections AEB and ??BB of the #alifornia Family #ode). &rounds for divorce di<ers from state to state in the )... .ome states have no4fault divorce9 some states reuire a declaration of fault on the part of one partner or both9 .ome state allow either method.5EE6 -n most >urisdictions, a divorce must be certi=ed (or ordered by a Iudge) by a court of law to come into e<ect. !he terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post4nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the )nited .tates, where agreements related to the marriage typically have to be rendered in writing to be enforceable). -n absence of agreement, a contested divorce may be stressful to the spouses. -n some other countries,5whereO6 when the spouses agree to divorce and to the terms of the divorce, it can be certi=ed by a non4>udiciary administrative entity. !he e<ect of a divorce is that both parties are free to marry again. #ontested divorce #ontested divorces mean that one of several issues are reuired to be heard by a >udge at trial levelPthis is more e:pensive, and the parties will have to pay for a lawyer1s time and preparation. -n such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. -n such situations, the litigation process takes longer to conclude.5EH6 !he >udge controls the outcome of the case.5EG6 'ess adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conLicts. !his principle in the )nited .tates is called 1%lternative Dispute (esolution1 and has gained popularity. %t4fault divorce 3efore the late ?@FBs, nearly all countries that permitted divorce reuired proof by one party that the other party had committed an act incompatible to the marriage. !his was termed MgroundsM for divorce (popularly called MfaultM) and was the only way to terminate a marriage. Most >urisdictions around the world still reuire such proof of fault. -n the )nited .tates, no4fault divorce is available in all CB states, as is the case with %ustralia, ,ew Kealand, #anada and other Western countries. Fault4based divorces can be contested9 evaluation of o<enses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the o<ense), connivance (tricking someone into committing an o<ense), or provocation by the other party. #ontested fault divorces can be e:pensive, and not usually practical as eventually most divorces are granted. #omparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.5EC6 !he grounds for a divorce which a party could raise and need to prove included 1desertion,1 1abandonment,1 1cruelty,1 or 1adultery.1 !he reuirement of proving a ground was revised (and withdrawn) by the terms of 1no4fault1 statutes, which became popular in many Western countries in the late ?@FBs and early ?@ABs. -n 1no4fault1 >urisdictions divorce can be obtained either on a simple allegation of 1irreconcilable di<erences,1 1irretrievable break4down1, or 1incompatibility1 with respect to the marriage relationship, or on the ground of de facto separation.5EF6 .ummary divorce % summary (or simple) divorce, available in some >urisdictions, is used when spouses meet certain eligibility reuirements, or can agree on key issues beforehand. *ey factors; ,o4fault divorce .ome Western >urisdictions have a no4fault divorce system, which reuires no allegation or proof of fault of either party.5EA6 !he barest of assertions suNce. For e:ample, in countries that reuire Mirretrievable breakdownM, the mere assertion that the marriage has broken down will satisfy the >udicial oNcer. -n other >urisdictions reuiring irreconcilable di<erences, the mere allegation that the marriage has been irreparable by these di<erences is enough for granting a divorce. #ourts will not inuire into facts. % MyesM is enough, even if the other party vehemently says MnoM. !he application can be made by either party or by both parties >ointly. -n >urisdictions adopting the 1no4fault1 principle in divorce proceedings, some courts may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and supportPfacts that almost always have considerable weight in fault proceedings.5citation needed6 -n custody cases, courts might consider factors that may appear like 1fault1 based issues but are really related to protection of the child or children. !hese may include but are not limited to one or both parent1s substance abuse, history of violence, cruelty, instability, neglect or endangerment. .hort marriage (less than C years) ,o children (or, in some states, when the spouses have resolved custody and set child support payments for children of the marriage) Minimal or no real property (no mortgage) Marital property is under a threshold (around QHC,BBB not including vehicles) +ach spouse1s personal property is under a threshold (typically the same as marital property) )ncontested divorce -t is estimated that upwards of @CR of divorces in the )... are MuncontestedM, because the two parties are able to come to an agreement (either with or without lawyers7mediators7collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and euitable agreement, approval of the divorce is almost guaranteed. -f the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. !hough this may be necessary, the courts would prefer parties come to an agreement prior to entering court.5citation needed6 Where the issues are not comple: and the parties are cooperative, a settlement often can be directly negotiated between them. -n the ma>ority of cases, forms are acuired from their respective state websites and a =ling fee is paid to the state.5ED6 Most )... states charge between Q?AC and QHCB for a simple divorce =ling.5E@65HB65H?6 #ollaborative divorce and mediated divorce are considered uncontested divorces. 3ecause of additional reuirements that must be met, most military divorces are typically uncontested. -n the )nited .tates, many state court systems are e:periencing an increasing proportion of pro se (i.e., litigants represent themselves without a lawyer) in divorce cases. 5HE6 -n .an Diego, for e:ample, the number of divorce =lings involving at least one self4representing litigant rose from GFR in ?@@E to AAR in EBBB, and in Florida from FFR in ?@@@ to AHR in EBB?. )rban courts in #alifornia report that appro:imately DBR of the new divorce =lings are =led pro se.5HH6 #ollaborative divorce #ollaborative divorce is a method for divorcing couples to come to agreement on divorce issues. -n a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral =nancial specialist and7or divorce coach(es). !he parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. /nce the collaborative divorce starts, the lawyers are disuali=ed from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be more cost4e<ective than other divorce methods, e.g., going to court. +:pense, they say, has to be looked at under the headings of =nancial and emotional. %lso, the e:perience of working collaboratively tends to improve communication between the parties, particularly when collaborative coaches are involved, and the possibility of going back to court post4separation or divorce is minimi8ed. -n the course of the collaboration, should the parties not reach any agreements, any documents or information e:changed during the collaborative process cannot be used in court e:cept by agreement between the parties. ,either can any of the professional team retained in the course of the collaboration be brought to court. +ssentially, they have the same protections as in mediation. !here are two e:ceptions; ?) %ny aNdavit sworn in the course of the collaboration and vouching documentation attaching to same and E) any interim agreement made and signed o< in the course of the collaboration or correspondence relating thereto. !he parties are in control of the time they are prepared to give their collaboration. .ome people need a lot of time to complete, whereas others will reach solutions in a few meetings. #ollaborative practitioners o<er a tightly orchestrated model with meetings scheduled in advance every two weeks, and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.5citation needed6 Mediated divorce Divorce mediation is an alternative to traditional divorce litigation. -n a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve di<erences. %t the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party1s attorneys, a neutral attorney, or an attorney4mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. .ome mediation companies, such as Wevorce, also pair clients with counselors, =nancial planners and other professionals to work through common mediation sticking points.5HG6 Divorce mediators may be attorneys who have e:perience in divorce cases, or they may be professional mediators who are not attorneys, but who have training speci=cally in the area of family court matters. Divorce mediation can be signi=cantly less costly, both =nancially and emotionally, than litigation. !he adherence rate to mediated agreements is much higher than that of adherence to court orders.5citation needed6 "olygamy and divorce "olygamy is a signi=cant structural factor governing divorce in countries where this is permitted. 'ittle4to4no analysis has been completed to e:plicitly e:plain the link between marital instability and polygamy which leads to divorce. !he freuency of divorce rises in polygamous marriages compared to monogamous relationships. Within polygamous unions, di<erences in con>ugal stability are found to occur by wife order. !here are H main mechanisms through which polygamy a<ects divorce; economic restraint, se:ual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.5HC6 MIust DivorcedSM hand4written on an automobile1s rear window. +<ects of divorce .ome of the e<ects associated with divorce include academic, behavioral, and psychological problems. %lthough this may not always be true, studies suggest that children from divorced families are more likely to e:hibit such behavioral issues than those from non4divorced families.5HF6 Divorce and relationships (esearch done at ,orthern -llinois )niversity on Family and #hild .tudies suggests that divorce of couples e:periencing high conLict can have a positive e<ect on families by reducing conLict in the home. !here are, however, many instances when the parent4child relationship may su<er due to divorce. Financial support is many times lost when an adult goes through a divorce. !he adult may be obligated to obtain additional work to maintain =nancial stability. -n turn, this can lead to a negative relationship between the parent and child9 the relationship may su<er due to lack of attention towards the child as well as minimal parental supervision5HF6 .tudies have also shown that parental skills decrease after a divorce occurs9 however, this e<ect is only a temporary change. T% number of researchers have shown that a diseuilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re4stabili8ation has occurred and parenting skills have improvedU5HA6 .ome couples choose divorce even when one spouse1s desire to remain married is greater than the other spouse1s desire to obtain a divorce. -n economics this is known as the Kelder "arado:, and is more common with marriages that have produced children, and less common with childless couples.5citation needed6 -n an %merican "sychological %ssociation study of parentsV relocation after a divorce, researchers found that a move has a long4term e<ect on children. -n the =rst study conducted amongst E,BBB college students on the e<ects of parental relocation relating to their children1s well4being after divorce, researchers found ma>or di<erences. -n divorced families in which one parent moved, the students received less =nancial support from their parents compared with divorced families in which neither parent moved. !hese =ndings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. %lthough the data suggests negative outcomes for these students whose parents relocate after divorce, there is insuNcient research that can alone prove the overall well4being of the child5HD6 % newer study in the Iournal of Family "sychology found that parents who move more than an hour away from their children after a divorce are much less well o< than those parents who stayed in the same location5H@6 +<ects of divorce on children "sychological Divorce is associated with diminished psychological well4being in children and adult o<spring of divorced parents, including greater unhappiness, less satisfaction with life, weaker sense of personal control, an:iety, depression, and greater use of mental health services. % preponderance of evidence indicates that there is a causal e<ect between divorce and these outcomes. 5GB6 #hildren of divorced parents are also more likely to e:perience conLict in their own marriages, and are more likely to e:perience divorce themselves. !hey are also more likely to be involved in short4term cohabiting relationships, which often dissolve before marriage.5GB6 %ccording to ,icholas Wall, former "resident of the Family Division of the +nglish 2igh #ourt, M"eople think that post4separation parenting is easy W in fact, it is e:ceedingly diNcult, and as a rule of thumb my e:perience is that the more intelligent the parent, the more intractable the dispute. !here is nothing worse, for most children, than for their parents to denigrate each other. "arents simply do not reali8e the damage they do to their children by the battles they wage over them. .eparating parents rarely behave reasonably, although they always believe that they are doing so, and that the other party is behaving unreasonably.M5G?6 %lthough not the intention of most parents, putting children in the middle of conLict is particularly detrimental. +:amples of this are asking children to carry messages between parents, grilling children about the other parent1s activities, and putting the other parent down in front of the children. 2igh4 conLict divorce or custody cases can e:perience varying forms of "arental %lienation. !he Family #ourts often consider "arental %lienation as a form of child abuse. .peci=c e:amples of "arental %lienation include brainwashing the child to cease their relationship with the other parent, telling the child that the other parent does not love them, teaching the child to call another adult by a parental name in e<ort to replace the other parent, limiting communication between the child and the other parent, and limiting uality time between the child and the other parent. -f evidence reveals that a parent is actively alienating the child from their other parent, their case for custody can be severely damaged.5GE6 "oorly managed conLict between parents increases children1s risk of behavior problems, depression, substance abuse and dependence, poor social skills, and poor academic performance. Fortunately, there are approaches by which divorce professionals can help parents reduce conLict. /ptions include mediation, collaborative divorce, coparent counseling, and parenting coordination.5GH6 +:posure to marital conLict and instability, most often has negative conseuences for children. .everal mechanisms are likely to be responsible. First, observing overt conLict between parents is a direct stressor for children. /bservational studies reveal that children react to inter4parental conLict with fear, anger, or the inhibition of normal behavior. "reschool children W who tend to be egocentric W may blame themselves for marital conLict, resulting in feelings of guilt and lowered self4esteem. #onLict between parents also tends to spill over and negatively a<ect the uality of parents1 interactions with their children. (esearchers found that the associations between marital conLict and children1s e:ternali8ing and internali8ing problems were largely mediated by parents1 use of harsh punishment and parent4child conLict. Furthermore, modeling verbal or physical aggression, parents MteachM their children that disagreements are resolved through conLict rather than calm discussion. %s a result, children may not learn the social skills (such as the ability to negotiate and reach compromises) that are necessary to form mutually rewarding relationships with peers 5GG6 %cademic and socioeconomic #hildren who have e:perienced a divorce freuently have lower academic achievement than children from non4divorced families5GC6 -n a review of family and school factors related to adolescentsV academic performance, it noted that a child from a divorced family is two times more likely to drop out of high school than a child from a non4divorced family. !hese children from divorced families may also be less likely to attend college, resulting in the discontinuation of their academic career.5GF6 Many times academic problems are associated with those children from single4parent families. .tudies have shown that this issue may be directly related to the economical inLuence of divorce. % divorce may result in the parent and children moving to an area with a higher poverty rate and a poor education system all due to the =nancial struggles of a single parent.5GA6 #hildren of divorced parents also achieve lower levels of socioeconomic status, income, and wealth accumulation than children of continuously married parents. !hese outcomes are associated with lower educational achievement.5GB6 Joung men or women between the ages of A and ?F who had e:perienced the divorce of their parents were more likely than youths who had not e:perienced the divorce of their parents to leave home because of friction, to cohabit before marriage, and to parent a child before marriage.5GD6 Divorce amongst the elderly %ccording to a ,ew Jork !imes article, TMore %mericans (e>ecting Marriage in CBs and 3eyondU, in the past EB years, the divorce rate has increased over CBR amongst the baby boomers. More and more adults are staying single and according to an analysis of census data conducted at 3owling &reen .tate )niversity in /hio, they say the divorce numbers will continue to rise. 3aby boomers that remain unmarried are =ve times more likely to live in poverty compared to those who are married. %ccording to the statistics, they will also be three times as likely to receive food stamps, public assistance or disability payments5G@6 .ociologists believe that the rise in the number of older %mericans who are not married is a result of factors such as longevity and economics. Women, especially, are becoming more and more =nancially independent which allows them to feel more secure with being alone. -n previous generations, being divorced or single was seen di<erently now. !his has resulted in less pressure for baby boomers to marry or stay married.5G@6 .tatistics Further information; Divorce demography %sia -n Iapan, divorces were on a generally upward trend from the ?@FBs until EBBE when they hit a peak of E@B,BBB. .ince then, both the number of divorces and the divorce rate have declined for si: years straight. -n EB?B, the number of divorces totaled EC?,BBB, and the divorce rate was ?.@@ (per ?,BBB population).5CB6 +urope /ne study estimated that legal reforms accounted for about EBR of the increase in divorce rates in +urope between ?@FB and EBBE.5citation needed6 ,orth %merica )nited .tates Main article; Divorce in the )nited .tates /n average, =rst marriages that end in divorce last about eight years.5C?6 /f the =rst marriages for women from ?@CC to ?@C@, about A@R marked their ?Cth anniversary, compared with only CAR for women who married for the =rst time from ?@DC to ?@D@.5C?6 !he median time between divorce and a second marriage was about three and a half years.5C?6 -n EBB@, the divorce rate declined.5CE6 % ?@@C study found a wide range of factors correlating with the divorce rate including freuency of se:, wealth, race, and religious commitment.5CH6 5clari=cation needed6 -n EBB?, marriages between people of di<erent faiths were three times more likely to be divorced than those of the same faith. -n a ?@@H study, members of two mainline "rotestant religions had a EBR chance of being divorced in C years9 a #atholic and an +vangelical, a HHR chance9 a Iew and a #hristian, a GBR chance.5CG6 % study5CC6 by the 3arna &roup,5CF6 that conducts polls of interest to #hristians, reports that a higher divorce rate was associated with infreuent church attendance. .uccess in marriage has been associated with higher education and higher age. D?R of college graduates, over EF years of age, who wed in the ?@DBs, were still married EB years later. FCR of college graduates under EF, who married in the ?@DBs, were still married EB years later. G@R of high school graduates under EF years old, who married in the ?@DBs, were still married EB years later.5CA6 E.@R of adults age HCWH@ without a college degree divorced in the year EBB@, compared with ?.FR with a college education.5CD6 % population study found that in EBBG and EBBD, liberal4voting states have lower rates of divorce than conservative4voting states, possibly because people in liberal states tend to wait longer before getting married.5C@6 %n analysis of this study found it to be misleading due to sampling at an aggregate level. -t revealed that when sampling the same data by individuals, (epublican leaning voters are less likely to have a divorce or e:tramarital a<air than Democrat leaning voters and independents.5FB65F?6 !he ,ational #enter for 2ealth .tatistics reports that from ?@AC to ?@DD in the )..., in families with children present, wives =le for divorce in appro:imately two4thirds of cases. -n ?@AC, A?.GR of the cases were =led by women, and in ?@DD, FCR were =led by women.5FE6 -t is estimated that upwards of @CR of divorces in the )... are MuncontestedM, because the two parties are able to come to an agreement without a hearing (either with or without lawyers7mediators7collaborative counsel) about the property, children, and support issues. % EB?? study found a ?R increase in the unemployment rate correlated with a ?R decrease in the divorce rate,5FH6 presumably because more people were =nancially challenged to a<ord the legal proceedings. /ceania -n %ustralia, nearly every third marriage ends in divorce. %fter reaching a peak divorce rate of E.A per ?BBB residents in EBB?, the %ustralian rate declined to E.H per ?BBB in EBBA.5FG6 Divorce of same4se: married couples ()nited .tates) &lobe icon. !he e:amples and perspective in this section deal primarily with the )nited .tates and do not represent a worldwide view of the sub>ect. "lease improve this article and discuss the issue on the talk page. (%pril EB?H) .ome states permit same4se: marriage. For same4se: couples in the )nited .tates, divorce law is in its infancy and is less than clear on how such unions may be legally dissolved in another state. For e:ample, if a same4se: couple is married in a state that recogni8es gay marriage but returns to reside in a state that does not, they might =nd themselves in a situation where their own state, in failing to recogni8e their union will also fail to enable them to divorce. -n addition, splitting up the couple1s =nancial resources may prove to be legally diNcult and well as determining which spouse is entitled to the custody of their children.5FC6 (ights of spouses to custody of children )pon dissolution of a same4se: marriage, legal uestions remain as to the rights of spouses to custody of the biological children of their spouses.5FC6 )nresolved legal uestions abound in this area.5FF6 #hild custody policies include several guidelines that determine with whom the child lives following divorce, how time is divided in >oint custody situations, and visitation rights. !he most freuently applied custody guideline is the XXbest interests of the childVV standard, which takes into account the parentsV preferences, the childVs preferences, the interactions between parents and children, childrenVs ad>ustment, and all family membersV mental and physical health.5FA6 .ame4se: divorce in a state that does not recogni8e same4se: marriage .ince same4se: marriages are not recogni8ed in a multitude of states, couples who are married in states that do recogni8e same4se: marriages will =nd themselves in a position of being precluded from dissolving their marriages in the states in which they live. When this happens, legal uestions will remain unanswered as to which state laws will be applicable to determine the rights of each divorcing partner.5FD6 -n addition, special problems will present themselves when same4se: couples cannot be divorced in states that do recogni8e same se: marriage because they are not residents of such states.5F@6 2istory &reco4(oman culture .ee also; Marriage in ancient (ome (oman married couple. !he ancient %thenians liberally allowed divorce, but the person reuesting divorce had to submit the reuest to a magistrate, and the magistrate could determine whether the reasons given were suNcient. Divorce was rare in early (oman culture but as their empire grew in power and authority (oman civil law embraced the ma:im, Mmatrimonia debent esse liberaM (Mmarriages ought to be freeM), and either husband or wife could renounce the marriage at will. !hough civil authority rarely intervened in divorces, social and familial taboos guaranteed that divorce occurred only after serious circumspection.5citation needed6 !he #hristian emperors #onstantine and !heodosius restricted the grounds for divorce to grave cause, but this was rela:ed by Iustinian in the si:th century. Medieval +urope %fter the fall of the (oman +mpire, familial life was regulated more by ecclesiastical authority than civil authority. 3y the ninth or tenth century, the divorce rate had been greatly reduced under the inLuence of the #hurch,5AB6 which considered marriage a sacrament instituted by &od and #hrist indissoluble by mere human action.5A?6 %lthough divorce, as known today, was generally prohibited after the tenth century, separation of husband and wife and the annulment of marriage were well4known. What is today referred to as Mseparate maintenanceM (or Mlegal separationM) was termed Mdivorce a mensa et thoroM (Mdivorce from bed4and4 boardM). !he husband and wife physically separated and were forbidden to live or cohabit together9 but their marital relationship did not fully terminate. 5AE6 #ivil courts had no power over marriage or divorce. !he grounds for annulment were determined by #hurch authority and applied in ecclesiastical courts. %nnulment was for canonical causes of impediment e:isting at the time of the marriage. MFor in cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio.M5AH65AG65AC6 !he #hurch held that the sacrament of marriage produced one person from two, inseparable from each other; M3y marriage the husband and wife are one person in law; that is, the very being of legal e:istence of the woman is suspended during the marriage or at least incorporated and consolidated into that of the husband; under whose wing, protection and cover, she performs everything.M5AF6 .ince husband and wife became one person upon marriage, that oneness could only be annulled if the parties improperly entered into the marriage initially. .ecularisation in +urope 2enry $--- of +ngland broke with the #atholic #hurch in order to obtain a divorce. %fter the (eformation, marriage came to be considered a civil contract in the new "rotestant regions of +urope, and on that basis civil authorities gradually asserted their power to decree a Mdivortium a vinculo matrimoniiM, or Mdivorce from all the bonds of marriageM. .ince no precedents e:isted de=ning the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the ecclesiastic courts and freely adopted the reuirements set down by those courts. %s the civil courts assumed the power to dissolve marriages, courts still strictly construed the circumstances under which they would grant a divorce,5AA6 and considered divorce to be contrary to public policy. 3ecause divorce was considered to be against the public interest, civil courts refused to grant a divorce if evidence revealed any hint of complicity between the husband and wife to divorce, or if they attempted to manufacture grounds for a divorce. Divorce was granted only because one party to the marriage had violated a sacred vow to the Minnocent spouseM. -f both husband and wife were guilty, Mneither would be allowed to escape the bonds of marriageM.5AD6 +ventually, the idea that a marriage could be dissolved in cases in which one of the parties violated the sacred vow gradually allowed e:pansion of the grounds upon which divorce could be granted from those grounds which e:isted at the time of the marriage to grounds which occurred after the marriage, but which e:empli=ed violation of that vow, such as abandonment, adultery, or Me:treme crueltyM.5A@6 %n e:ception to this trend was the %nglican #hurch, which maintained the doctrine of marital indissolubility. During the +nglish #ivil War, the "uritans brieLy passed a law that divested marriage of all sacrament, leaving it as a secular contract that could be broken. Iohn Milton wrote four divorce tracts from ?FGHW?FGC that argued for the legitimacy of divorce on grounds of spousal incompatibility. 2is ideas were ahead of their time9 arguing for divorce at all, let alone a version of no4 fault divorce, was e:tremely controversial and religious =gures sought to ban his tracts.5DB6 -n ?FAB a precedent was =rst set with an %ct of "arliament allowing 'ord Iohn Manners to divorce his wife, 'ady %nne "ierpon, and until the passage of the Matrimonial #auses %ct ?DCA, divorce could only be obtained through a speci=c %ct of "arliament.5D?6 IosYphine, =rst wife of ,apoleon, obtained the civil dissolution of her marriage under the ,apoleonic #ode of ?DBG. !he move towards secularisation and liberalisation was reinforced by the individualistic and secular ideals of the +nlightenment. !he +nlightened absolutist, *ing Frederick -- (Mthe &reatM) of "russia enshrined a new divorce law in ?ACE, in which marriage was declared to be a purely private concern, allowing divorce to be granted on the basis of mutual consent. !his new system heavily inLuenced the law in neighbouring %ustria under +mperor Ioseph --, where it was applied to all non4#atholic -mperial sub>ects.5DE6 Divorce was legalised in France after the French revolution on a similar basis, although the legal order of the ancien regime was reinstated at the 3ourbon restoration of ?D?F. !he trend in +urope throughout the ?@th century, was one of increased liberalisation9 by the mid4?@th century divorce was generally granted by civil courts in the case of adultery. -n 3ritain before ?DCA wives were under the economic and legal control of their husbands, and divorce was almost impossible. -t reuired a very e:pensive private act of "arliament costing perhaps ZEBB, of the sort only the richest could possibly a<ord. -t was very diNcult to secure divorce on the grounds of adultery, desertion, or cruelty. !he =rst key legislative victory came with the Matrimonial #auses %ct of ?DCA, which passed over the strenuous opposition of the highly traditional #hurch of +ngland. !he new law made divorce a civil a<air of the courts, rather than a #hurch matter, with a new civil court in 'ondon handling all cases. !he process was still uite e:pensive, at about ZGB, but now became feasible for the middle class. % woman who obtained a >udicial separation took the status of a feme sole, with full control of her own civil rights. %dditional amendments came in ?DAD, which allowed for separations handled by local >ustices of the peace. !he #hurch of +ngland blocked further reforms until the =nal breakthrough came with the Matrimonial #auses %ct ?@AH. 5DH65DG6 Divorce rates increased markedly during the twentieth century in developed countries, as social attitudes towards family and se: changed dramatically. 5DC6 %mong the nations in which divorce has become commonplace are the )nited .tates,5DF6 #anada, %ustralia, &ermany, ,ew Kealand, .candinavia, and the )nited *ingdom.5citation needed6 Z Iapan -n the +do "eriod (?FBHW?DFD), only husbands could divorce their wives by writing letters of divorce. 3ut actually, their relatives or marriage arrangers often kept these letters and tried to restore the marriages. -t was not allowed for wives to divorce their husbands. .ome wives were able to gain sanctuary in certain .hinto Mdivorce templesM for several years, and were able to obtain a divorce thereby.5DA65DD6 -n ?@th century Iapan, at least one in eight marriages ended in divorce. !here are four types of divorce in Iapan; Divorce by agreement in which the divorce is mutual, divorce by mediation which happens in family court, divorce by decision of family court that takes place when a couple cannot complete a divorce through mediation, and divorce by >udgment of district court.5D@6 -ndia /n an all4-ndia level, the .pecial Marriage %ct was passed in ?@CG, is an inter4 religious marriage law permitting -ndian nationals to marry and divorce irrespective of their religion or faith. !he 2indu Marriage %ct, in ?@CC which legally permitted divorce to 2indus and other communities who chose to marry under these acts. !he -ndian Divorce %ct ?DF@ 5@B6 is the law relating to the divorce of person professing the #hristian religion. Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy.5@?6 Divorce is also available based on mutual consent of both the spouses, which can be =led after at least one year of separated living. Mutual consent divorce can not be appealed, and the law mandates a minimum period of si: months (from the time divorce is applied for) for divorce to be granted.5@E6 While a Muslim husband can unilaterally bring an end to the marriage by pronouncing tala,5@H6 Muslim women must go to court, claiming any of the grounds provided under the Dissolution of Muslim Marriage %ct.5@G6 /Ncial =gures of divorce rates are not available, but it has been estimated that ? in ?BB or another =gure of ?? in ?,BBB marriages in -ndia end up in divorce.5@C6 $arious communities are governed by speci=c marital legislation, distinct to 2indu Marriage %ct, and conseuently have their own divorce laws; !he "arsi Marriage and Divorce %ct, ?@HF5@F6 !he Dissolution of Muslim Marriage act, ?@H@5@A6 !he Foreign Marriage %ct, ?@F@5@D6 %n amendment to the marriage laws to allow divorce based on Mirretrievable breakdown of marriageM (as alleged by one of the spouses) is under consideration in -ndia.5@@6 -n Iune EB?B, the )nion #abinet of -ndia approved the Marriage 'aws (%mendment) 3ill EB?B, which, if cleared by "arliament, would establish Mirretrievable breakdownM as a new ground for divorce.5?BB6 -slam -n -slamic law and marital >urisprudence, divorce is referred to as tala.5?B?6 *hula is the right of a woman in -slam to divorce or separate from her husband. !he triple tala is a mechanism for divorce which e:ists in .unni sect of -slam while re>ected by the .hia sect. !ala (conLict) deals with the relationship between religious and secular systems for terminating the marriage in the conLict of laws. %ccording to Jossef (apoport, in the ?Cth century, the rate of divorce was higher than it is today in the modern Middle +ast, which has generally low rates of divorce.5?BE6 -n ?Cth century +gypt, %l4.akhawi recorded the marital history of CBB women, the largest sample on marriage in the Middle %ges, and found that at least a third of all women in the Mamluk .ultanate of +gypt and .yria married more than once, with many marrying three or more times. %ccording to %l4.akhawi, as many as three out of ten marriages in ?Cth century #airo ended in divorce.5?BH6 -n the early EBth century, some villages in western Iava and the Malay peninsula had divorce rates as high as ABR. 5?BE6 !he "hilippines Divorce as a means of terminating marriage is currently illegal in the "hilippines, with the only other recourse in the predominantly (oman #atholic republic being annulment. % couple may also separate according to the law for various reasons including repeated spousal abuse against the petitioner, a common child, or the e:clusive child of the petitioner9 homose:uality of one or both spouses9 and marital abandonment. /n Iuly EA, EB?B, &abriela Women1s "arty =led in #ongress 2ouse 3ill ,o ?A@@, or the Divorce 3ill of the "hilippines, as one of many attempts to introduce pro4divorce legislation. #auses of divorce %n annual study in the )* by management consultants &rant !hornton, estimates the main pro:imal causes of divorce based on surveys of matrimonial lawyers.5?BG6 !he main causes in EBBG were; %dultery9 +:tramarital se:9 -n=delity W EAR Domestic violence W ?AR Midlife crisis W ?HR %ddictions, e.g. alcoholism and gambling W FR Workaholism W FR %ccording to this survey, husbands engaged in e:tramarital a<airs in ACR of cases9 wives in ECR. -n cases of family strain, wives1 families were the primary source of strain in ADR, compared to EER of husbands1 families. +motional and physical abuse were more evenly split, with wives a<ected in FBR and husbands in GBR of cases. -n ABR of workaholism4related divorces it was husbands who were the cause, and in HBR, wives. !he EBBG survey found that @HR of divorce cases were petitioned by wives, very few of which were contested. CHR of divorces were of marriages that had lasted ?B to ?C years, with GBR ending after C to ?B years. !he =rst C years are relatively divorce4free, and if a marriage survives more than EB years it is unlikely to end in divorce. .ocial scientists study the causes of divorce in terms of underlying factors that may possibly motivate divorce. /ne of these factors is the age at which a person gets married9 delaying marriage may provide more opportunity or e:perience in choosing a compatible partner.5C@65?BC6 Wage, income, and se: ratios are other such underlying factors that have been included in analyses by sociologists and economists.5?BF65?BA6 #ohabitation prior to marriage is associated with higher divorce rates, which is called the cohabitation e<ect. +vidence suggests that this is partly due to selection (people more likely to divorce being more likely to cohabit, and cohabiting couples being more likely to marry with low levels of commitment) as well as the e<ect of cohabitation itself on the marital union. !here is a consensus among researchers that both of these factors e:plain the cohabitation e<ect.5?BD6 (eligion and divorce Main article; (eligion and divorce -llustration shows the divorce proceedings of %nna &ould (an %merican heiress and socialite) and 3oni de #astellane (a French nobleman), ?@BF, "aris, France. 3oni de #astellane then sought an annulment from the $atican so that he could be free to remarry in the #hurch. !he annulment case was not =nally settled until ?@EG, when the highest $atican tribunal upheld the validity of the marriage and denied the annulment. -n some countries (commonly in +urope and ,orth %merica), the government de=nes and administers marriages and divorces. While ceremonies may be performed by religious oNcials on behalf of the state, a civil marriage and thus, civil divorce (without the involvement of a religion) is also possible. Due to di<ering standards and procedures, a couple can be legally unmarried, married, or divorced by the state1s de=nition, but have a di<erent status as de=ned by a religious order. /ther countries use religious law to administer marriages and divorces, eliminating this distinction. -n these cases, religious oNcials are generally responsible for interpretation and implementation. -slam allows divorce, and it can be initiated by either the husband or the wife. 2owever, the initiations are sub>ect to certain conditions and waiting periods, which are meant to force the initiating party to reconsider.5?B@6 Dharmic religions do not allow divorce.5citation needed6 #hristian views of divorce vary, with #atholic teaching allowing only annulment, but most other denominations discouraging but allowing divorce. Iewish views of divorce di<er, with (eform Iudaism considering civil divorces adeuate. #onservative and /rthodo: Iudaism reuire that the husband grant his wife a divorce in the form of a get. !he Millet .ystem, where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post[/ttoman countries like -ra, .yria, Iordan, 'ebanon, -srael, the "alestinian %uthority, +gypt, and &reece. .everal countries use sharia (-slamic law) to administrate marriages and divorces for Muslims. !hus, Marriage in -srael is administered separately by each religious community (Iews, #hristians, Muslims, and Dru8e), and there is no provision for interfaith marriages other than marrying in another country. For Iews, marriage and divorce are administered by /rthodo: rabbis. "artners can =le for divorce either in rabbinical court or -sraeli civil court.5??B6 &ender and divorce %ccording to a study published in the %merican 'aw and +conomics (eview, women have =led slightly more than two4thirds of divorce cases in the )nited .tates.5???6 !his trend is mirrored in the )* where a recent study into web search behavior found that ABR of divorce inuiries were from women. !hese =ndings also correlate with the /Nce for ,ational .tatistics publication MDivorces in +ngland and Wales EB?EM which reported that divorce petitions from women outnumber those from men by E to ?. (egarding divorce settlements, according to the EBBG &rant !hornton survey in the )*, women obtained a better or considerably better settlement than men in FBR of cases. -n HBR of cases the assets were split CB4CB, and in only ?BR of cases did men achieve better settlements (down from EGR the previous year). !he report concluded that the percentage of shared residence orders would need to increase in order for more euitable =nancial divisions to become the norm.5?BG6 .ome >urisdictions give uneual rights to men and women when =ling for divorce.5citation needed6 For couples to #onservative or /rthodo: Iewish law (which by -sraeli civil law includes all Iews in -srael), the husband must grant his wife a divorce through a document called a get. -f the man refuses, the woman can appeal to a court or the community to pressure the husband. % woman whose husband refuses to grant the get or who is missing is called an agunah, is still married, and therefore cannot remarry. )nder /rthodo: law, children of an e:tramarital a<air involving a married Iewish woman are considered mam8erim (illegitimate) and cannot marry non4mam8erim.5??B6 .ee also Divorce law around the world Divorce of same4se: couplesPlegal aspects, divorce rates Divorce party Dysfunctional family Fear of commitment &rey divorce -mplications of divorce 'ist of most e:pensive divorces "rimary physical custody (elationship counseling (elationship education Wife selling Wife selling (+nglish custom) (eferences /ne or more of the preceding sentences incorporates te:t from a publication in the public domain; ,ational 'ibrary of Medicine (C Iuly EB?H). MDivorceM. Medline"lus. (etrieved EB?H4??4B?. http;77articles.latimes.com7?@DA4BA4?E7news7mn4HGAH\?\divorce4law M#hile introduces right to divorceM. 33# ,ews (33#). ,ovember ?D, EBBG. (etrieved EB?H4??4B?. http;77www.domstol.se7funktioner7english7matters7family7divorce7
http;77www.familylawcourts.gov.au7wps7wcm7connect7F'#72ome7.eparation] and]Divorce7Divorce7 http;77www.>ustice.govt.n87family4>ustice7separation7divorcing MWill my spouse have to pay my attorney feesOM. .teven Fritsch, %ttorney at 'aw. (etrieved EB?H4BG4?E. MDivorce %ctM. M!he very fact that one of the spouses advances facts for the e:istence of the irretrievable breakdown itself constitutes Xa very serious indication that an irretrievable breakdown does e:istM5?6 http;77ceLonline.net7wp4content7uploads7"oland4Divorce.pdf http;77ec.europa.eu7civil>ustice7divorce7divorce\pol\en.htm M!he marriage can be dissolved if it has broken down. !he marriage has broken down if the parties to the marriage are no longer cohabiting and if it cannot be e:pected that the parties will resume matrimonial cohabitation (.ection ?CFC (?) 3&3). !here is an irrefutable presumption that the marriage has broken down if the parties have been living apart for one year and both apply for divorce or if the respondent consents to the divorce. %fter a separation period of three years, there is an irrefutable presumption that the marriage has broken down, without any comments being reuired from the parties to the proceedings (.ection ?CFF (E) 3&3)M5E6 M.ection AH of the #ivil #ode e:plains the circumstances under which spouses can be considered to be living separately, namely, if the spouses do not share a household and one of the spouses refuses outright to maintain a >oint household whereby the possibility of marital cohabitation is denied. .eparate occupation by spouses of a common dwelling does not necessarily signify a >oint household.M5H6 http;77france.angloinfo.com7family7marriage4partnerships7divorce7 http;77www.binational.ch7en7O"reliminary\remarks\\\&eneral http;77wwwE.ohchr.org7+nglish7bodies7cedaw7docs7CG7#+D%W4#4&(#4A.pdf http;77ec.europa.eu7civil>ustice7divorce7divorce\spa\en.htm 5G6,ote; %lthough there is no need to prove fault in order to obtain a divorce, some serious faults a<ect the alimony. in certain circumstances, such as where there is neither agreement of spouses nor 1fault1, there is a need of a separation of between H and F years5C65F6 http;77divorcereform.us7about7 MDivorce Maga8ine &rounds for DivorceM. Meyer, #athy. M-ssues .urrounding a #ontested DivorceM. %bout.com. (etrieved ?B .eptember EB?H. M,J )ncontested Divorce vs. ,J #ontested DivorceM. .podek 'aw &roup. (etrieved ?B .eptember EB?H. .an %ntonio Divorce #enter. M#omparative (ectitudeM. http;77divorcelawsanantonio.com7glossary7. such as the )*; in +ngland and Wales, divorce can be obtained on the ground of living apart for more than E years (with consent)9 and living apart for more than C years (without consent). (in addition to these no4fault grounds, the traditional grounds of 1adultery1, 1desertion1, and 1unreasonable behavior1 have also been maintained 5A6) M,o Fault Divorce 'aw 0 'egal De=nitionM. ). 'egal. (etrieved H Iune EB?H. MDivorce Forms by .tate ().)M. Divorcedocuments.com. (etrieved EB?B4BF4 ??. M#ourt Fees and Fee WaiverM. MDivorce in /regonM. M&etting divorce in )tahM. M.elf4(epresentation; "ro .e .tatisticsM. M!rends in "ro .e 'itigationM. *elleher, .usan (%ugust HB, EB?H). 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MManaging #onLict During DivorceM. %merican %ssociation for Marriage and Family !herapy. %mato, "aul (., Iacob +. #headle. T"arental Divorce, Marital #onLict and #hildren1s 3ehavior "roblems; % #omparison of %dopted and 3iological #hildren.U Divorce, #onLict and #hild 3ehavior "roblem DF.H (EBBD); ??GB4 ??F?. 3usiness .ource "remier. Web. EH ,ov. EB?H .. %. Wolchik et. al. T.i:4Jear Follow4up of "reventive -nterventions for #hildren of DivorceU Iournal of %merican Medical %ssociation EDD(?C), ?DAG4 ?DD? (EBBE) (odgers, *athleen 3, and (ose, 2illary %. "ersonal, Family, and .chool Factors (elated to %dolescentsV %cademic "erformance; % #omparison by Family .tructure.U Marriage and Family (eview. $HH nG. ppGA4F?. EBB?. .antrock, Iohn W. %dolescence. pp ?GA4D?. EBB #herlin, %I (?@@E). Marriage, Divorce, and (emarriage. #ambridge, M%; 2arvard )niversity "ress. p. ?GE. .warns, (achel '. (EB?E4BH4B?). MMore %mericans (e>ecting Marriage in CBs and 3eyondM. !he ,ew Jork !imes. M.tatistical 2andbook of Iapan; #hapter E 4 "opulationM. M,ewsroom; Marital .tatus 0 'iving %rrangements; Most "eople Make /nly /ne !rip Down the %isle, 3ut First Marriages .horter, #ensus 3ureau (eportsM. #ensus.gov. (etrieved EB?E4BH4EA. MDivorce and Marriage rates EBBAM. #dc.gov. EBB@4BF4BE. (etrieved EB?B4 BF4??. M$ital and 2ealth .tatistics9 .eries EH, ,o. EE (Iuly EBBE)M ("DF). (etrieved EB?B4BF4??. (iley, ,aomi .chaefer (F Iune EB?B). M'ove conuers all. +:cept religionM. !he Washington "ost (Washington, D#). pp. 3?. M,ew .tatistics on #hurch %ttendance and %voidanceM. 3arna &roup. EBBD4 BH4BH. %bout &eorge 3arna !he 3arna &roup. %ccessed on ?D ,ovember EB?B. 'uscombe, 3elinda (EG May EB?B). MDivorcing by the ,umbersM. ,ew Jork, ,ew Jork; !ime. p. GA. Jen, 2ope (A /ctober EB?B). MWedding bells for college educatedM. %ssociated "ress. (etrieved /ctober EF, EB??. M(ed Families $s. 3lue FamiliesM. EB?B4BC4B@. (etrieved EB?B4BC4EE. Ioyner, Iames. MDo (epublicans #heat MoreOM. /utside the 3eltway. (etrieved E? Ianuary EB?G. !aylor, "aul. M(epublicans; .till 2appy #ampersM. "ew (esearch #enter. (etrieved E? Ianuary EB?G. M%dvance (eport of Final Divorce .tatistics, ?@DDM ("DF). Monthly $ital .tatistics (eport H@ (?E (supplement E)). ?@@?4BC4E?. .hankar $edantam (EB??4?E4EB). MMarriage +conomy; 1- #ouldn1t %<ord !o &et Divorced1M. ,"(. (etrieved EB?E4B?4?G. MDivorce .tatistics %).!(%'-% W Marriage and Divorce (esearch and .tatisticsM. Mydivorce.com.au. EBB@4BH4B?. (etrieved EB?B4BF4??. 2aberman, #lyde (EB??4BF4EA). M%fter .ame4.e: Marriage in ,.J., .ame4 .e: DivorceM. #ityroom.blogs.nytimes.com. (etrieved EB?E4BH4EA. &oodman, M. M*now Jour (ights; Freuently %sked ^uestions about ,ew Jork1s Marriage +uality %ct (EB??)M. ,ew Jork #ivil 'iberties )nion (,J#')). (etrieved EB?E4BH4EA. 5D6 Dye, Iessica (EB??4BF4EC). M,ew Jork marriage bill paves way for same4se: divorceM. (euters. (etrieved EB?E4BH4EA. http;77dash.harvard.edu7bitstream7handle7?7H?HDGBD7.ingerREB4REB.ame REB.e:REBMarriageREcREBFullREBFaithREBandREB#reditREcREBand REBtheREB+vasionREBofREB/bligation.pdfOseuence_E *ent1s #ommentaries on %merican 'aw, p. @F (?Gth ed. ?D@F)) #anons of the #ouncil of !rent, !wenty4fourth .ession. M.ession the !wenty4 FourthM. 'ondon; Dolman. ?DGD. pp. ?@EWEHE http;77history.hanover.edu7te:ts7trent7ctEG.html. (etrieved EBBF4B@4?D. Missing or empty `title_ (help) *ent1s #ommentaries on %merican 'aw, p. ?EC, n. ? (?Gth ed. ?D@F). W. 3lackstone, #ommentaries on the 'aws of +ngland, GED ('egal #lassics 'ibrary spec. ed. ?@DG). *ent1s #ommentaries on %merican 'aw, p. ?EEC, n. ?. +.#oke, -nstitutes of the 'aws of +ngland, EHC ('egal #lassics 'ibrary spec. ed. ?@DC). 3lackstone, #ommentaries on the 'aws of +ngland, p. GHC ('egal #lassics 'ibrary spec. ed. ?@DG. 3lackstone, #ommentaries on the 'aws of +ngland, p. GE@. *ent1s #ommentaries on %merican 'aw, p. GB?. *ent1s #ommentaries on %merican 'aw, p. ?GA. D. F. Mc*en8ie (EBBE). M!he 'ondon 3ook !rade in ?FGGM. Making Meaning; "rinters of the Mind and /ther +ssays. )niversity of Massachusetts "ress. pp. ?GBW?. +rwin I. 2aeberle. M2-.!/(J /F M%((-%&+ -, W+.!+(, #-$-'-K%!-/,M. !he #ontinuum "ublishing #ompany. Ma: (heinstein. M!rens in marriage and divorce law of Western countriesM. 'awrence .tone. (oad to Divorce; +ngland ?CHB4?@DA (?@@B) +lie 2alevy, 2istory of the +nglish "eople; !he (ule of Democracy (?@BC4 ?@?G) (?@HE) pp MDivorceM. oocities. (etrieved H Iune EB?H. M?C Ways to "redict DivorceM. !he Daily 3east. (etrieved EB?E4B@4EC. M!/*J/ *,/W'+D&+ ; +D/ '-F+ W 'ove and Marriage in the +do "eriodM. Web4>apan.org. (etrieved EB?E4BH4EA. MIapan !imesM. EBBG4BF4?@. (etrieved EB?B4BF4??. M%merican #iti8en .ervices4 Divorce -n IapanM. (etrieved EB??4B@4??. http;77www.gu>health.gov.in7images7pdf7legis7divorce4act?DF@.pdf -ndian Divorce %ct 43are %ct M11$aklino.com11 4 M!he 2indu Marriage %ct, ?@CCM (.ection ?H)M. $akilno?.com. (etrieved EB?E4BH4EA. M11indiankanoon.org11 4 M.ection ?H3 in the 2indu Marriage %ctMM. -ndiankanoon.org. (etrieved EB?E4BH4EA. http;77parting.hpage.co.in7muslim4divorce4>udgements\CFBCEHFC.html >udgment relating to divorce http;77chdslsa.gov.in7right\menu7act7pdf7muslim.pdf Dissolution of Muslim Marriage %ct4 bare %ct M-ndia moves to make it easier to divorceM. 33# ,ews. EB?B4BF4?B. (etrieved EB??4B@4??. M!he "arsi Marriage %nd Divorce %ct, ?@HFM. -ndiankanoon.org. (etrieved EB?E4BH4EA. M!he Dissolution /f Muslim Marriages %ct, ?@H@M. -ndiankanoon.org. (etrieved EB?E4BH4EA. M!he Foreign Marriage %ct, ?@F@M. -ndiankanoon.org. (etrieved EB?E4BH4EA. #handran, (ina (EB?B4BF4??). M%n easier end to unhappy marriages in -ndiaO ` -ndia -nsightM. 3logs.reuters.com. (etrieved EB?E4BH4EA. M"ress -nformation 3ureau +nglish (eleasesM. "ib.nic.in. (etrieved EB?E4BH4 EA. aM!alakM.+ncyclopaedia of -slam (apoport, Jossef (EBBC). Marriage, Money and Divorce in Medieval -slamic .ociety. #ambridge )niversity "ress. p. E. -.3, B4CE?4DGA?C4b. (apoport, Jossef (EBBC). Marriage, Money and Divorce in Medieval -slamic .ociety. #ambridge )niversity "ress. pp. CWF. -.3, B4CE?4DGA?C4b. 5@6 &ary .. 3ecker, +li8abeth 'andes, and (obert Michael (?@AA), M%n +conomic %nalysis of Marital -nstability.M Iournal of "olitical +conomy DC; ??G?4DD. &ary .. 3ecker (?@D?,?@@?). % !reatise on the Family6, 2arvard )niversity "ress, -.3, B4FAG4@BF@D4C .hoshana &rossbard4.hechtman,?@@H. /n the +conomics of Marriage W % !heory of Marriage, 'abor and Divorce. 3oulder, #/; Westview "ress. Manning, W. D.9 #ohen, I. %. (EB?E). M"remarital #ohabitation and Marital Dissolution; %n +:amination of (ecent MarriagesM. Iournal of Marriage and Family AG (E); HAAWHDA. doi;?B.????7>.?AG?4HAHA.EB?E.BB@FB.:. "M# HGDAAB@. "M-D EH?E@DAC. edit %n -slamic "erspective on Divorce, May ?@@@. M)nder -srael1s Divorce 'aws, Men &et !he Final WordM. EB?B4BG4BA. (etrieved EB?B4BC4EG. 3rinig, Margaret9 Douglas W. %llen (EBBB). M!hese 3oots %re Made for Walking; Why Most Divorce Filers are WomenM. %merican 'aw and +conomics (eview E (?); ?EFW?E@. doi;?B.?B@H7aler7E.?.?EF. Further reading %lford, William "., M2ave Jou +aten, 2ave Jou DivorcedO Debating the Meaning of Freedom in Marriage in #hinaM, in (ealms of Freedom in Modern #hina (William #. *irby ed., .tanford )niversity "ress, EBBG). 3erlin, &. (EBBG). !he +<ects of Marriage and Divorce on Families and #hildren (etrieved March ?H, EB?E Davies, ". !. 0 #ummings +. M. (?@@G). Marital #onLict and #hild %d>ustment; %n +motional .ecurity 2ypothesis. %merican "sychological %ssociation "sychological 3ulletin, ??F, HDA4G??. (etrieved March ?H, EB?E Foulkes4Iamison, '. (EBB?). !he +<ects of Divorce on #hildren (etrieved March ?H, EB?E 2ughes (. (EBB@). !he +<ects of Divorce on #hildren (etrieved March ?H, EB?E Iolivet, *. (. (EB??). !he "sychosocial -mpact of Divorce on #hildren; What is a Family 'awyer to DoO %merican Iournal of Family 'aw, ?AC4?D?. (etrieved on March ?H, EB?E "hillips, (oderick (?@@?). )ntying the knot; a short history of divorce. #ambridge, )*; #ambridge )niversity "ress. -.3, B4CE?4GEHAB4D. .inger, Ioseph (EBBC). M.ame .e: Marriage, Full Faith and #redit, and the +vasion of /bligationM. "aci=c &amble (obinson ?; ?WC?. .trong, 3., De$ault #., 0 #ohen !. F. (EB??). !he Marriage and Family +:perience; -ntimate (elationships in a #hanging .ociety. 3elmont, #%; Wadsworth #engage 'earning. !homas, .. &. (EB??, /ctober ED). !he &ood Divorce. !he ,ew Jork !imes. (etrieved March ?C, EB?E +:ternal links 'ook up divorce in Wiktionary, the free dictionary. Wikimedia #ommons has media related to Divorce. Wikisource has original te:t related to this article; Divorce .ocietal aspects of divorce at DM/K 'egal aspects of divorce at DM/K +urostat 4 .tatistics +:plained 4 Marriage and divorce statistics Divorce rates across countries by +urostat #hildren and Divorce. (EB?B) !his article incorporates te:t from the )nited .tates ,ational 'ibrary of Medicine (5?B6), which is in the public domain. #ategories; Divorce Family law ,avigation menu #reate account 'og in %rticle !alk (ead +dit $iew history Main page #ontents Featured content #urrent events (andom article Donate to Wikipedia Wikimedia .hop -nteraction 2elp %bout Wikipedia #ommunity portal (ecent changes #ontact page !ools What links here (elated changes )pload =le .pecial pages "ermanent link "age information Wikidata item #ite this page "rint7e:port #reate a book Download as "DF "rintable version 'anguages
+dit links !his page was last modi=ed on E@ /ctober EB?G at B?;?C. !e:t is available under the #reative #ommons %ttribution4.hare%like 'icense9 additional terms may apply. 3y using this site, you agree to the !erms of )se and "rivacy "olicy. Wikipedia is a registered trademark of the Wikimedia Foundation, -nc., a non4pro=t organi8ation. "rivacy policy %bout Wikipedia Disclaimers #ontact Wikipedia Developers Mobile view Wikimedia Foundation "owered by MediaWiki divorce and separation; an overview % divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. !o ensure that a particular divorce serves public policy interests, some states reuire a Mcooling4o< period,M which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings. #ourts in the )nited .tates currently recogni8e two types of divorces; absolute divorce, known as Mdivorce a vinculo matrimoniiM and limited divorce, known as Mdivorce a menso et thoroM. !o obtain an absolute divorce, courts reuire some type of evidentiary showing of misconduct or wrongdoing on one spouse1s part. %n absolute divorce is a >udicial termination of a legal marriage. %n absolute divorce results in the changing back of both parties1 statuses to single. 'imited divorces are typically referred to as separation decrees. 'imited divorces result in termination of the right to cohabitate but the court refrains from oNcially dissolving the marriage and the parties1 statuses remain unchanged. .ome states permit conversion divorce. #onversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a statutorily4prescribed period of time. Many states have enacted no4fault divorce statutes. ,o fault divorce statutes do not reuire showing spousal misconduct and are a response to outdated divorce statutes that reuire proof of adultery or some other unsavory act in a court of law by the divorcing party. ,evertheless, even today, not all states have enacted no fault divorce statutes. -nstead, the court must only =nd ?) that the relationship is no longer viable, E) that irreconcilable di<erences have caused an irremediable breakdown of the marriage, H) that discord or conLict of personalities have destroyed the legit ends of the marital relationship and prevents any reasonable possibility of reconciliation, or G) that the marriage is irretrievably broken. 'ook to various state laws to determine the divorce law within a particular >urisdiction. !he )niform Marriage and Divorce %ct may provide further guidance. "roperty Division Following a divorce, the court must divide the property between the spouses. 3efore legislatures euali8ed property allocation between both spouses, many divorce statutes substantially favored property allocation to the wage4 earning spouse. !hese statutes greatly disadvantaged women disproportionately because during the ?Dth, ?@th, and early4EBth centuries, the participation of women in the workplace was much less than it has become during the latter4half of the EBth century and early part of the E?st century. !he statutes failed to account for the contributions of the spouse as homemaker and child4raiser. Modern courts recogni8e two di<erent types of property during property division proceedings 4 marital property and separate property. Marital property constitutes any property that the spouses acuire individually or >ointly during the course of marriage. .eparate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the e<orts of one or both spouses. -f the separate property4 owning spouse trades the property for other property or sells the property, the newly4acuired property or funds in consideration of the sale remain separate property. Modern division of property statutes strive for an euitable division of the marital assets. %n euitable division does not necessarily involve an eual division but rather an allocation that comports with fairness and >ustice after a consideration of the totality of the circumstances. 3y dividing the assets euitably, a >udge endeavors to e<ect the =nal separation of the parties and to enable both parties to start their post4marital lives with some degree of =nancial self4suNciency. While various >urisdictions permit recognition of di<erent factors, most courts at least recogni8e the following factors; contribution to the accumulation of marital property, the respective parties1 liabilities, whether one spouse received income4producing property while the other did not, the duration of the marriage, the age and health of the respective parties, the earning capacity and employability of the respective parties, the value of each party1s separate property, the pension and retirement rights of each party, whether one party will receive custodial and child support provisions, the respective contributions of the spouses as a homemaker and as a parent, the ta: conseuences of the allocations, and whether one spouse1s marital misconduct caused the divorce. Most >urisdictions also give the family court >udge broad >urisdiction by providing >udges with the right to consider any other >ust and proper factor. When assigning property, >udges cannot transfer the separate property of one spouse to another spouse without the legislature having previously passed an enabling statute. Whether such an enabling statute e:ists varies between >urisdictions. %limony %limony refers to payments from one spouse to the other. % court can order one spouse to pay three di<erent types of alimony 4 permanent alimony, temporary alimony, and rehabilitative alimony. "ermanent alimony reuires the payer to continue paying either for the rest of the payer1s life or until the spouse receiving payments remarries. !emporary alimony reuires payments over a short interval of time so that the payment recipient can stand alone once again. !he period of time covers the length of the property division litigation. .imilar to temporary alimony, rehabilitative alimony reuires the payer to give the recipient short4term alimony after the property division proceedings have concluded. (ehabilitative alimony endeavors to help a spouse with lesser employability or earning capacity become ad>usted to a new post4marital life. #ourts allocate alimony with the intention of permitting a spouse to maintain the standard of living to which the spouse has become accustomed. Factors a<ecting whether the court awards alimony include the marriage1s length, the length of separation before divorce, the parties1 ages, the parties1 respective incomes, the parties1 future =nancial prospects, the health of the parties, and the parties1 respective faults in causing the marriage1s demise. -f a couple had children together while married, a court may reuire one spouse to pay child support to the spouse with custody, but one should note that alimony and child support di<er From money to se: and everything in4betweenS -f you think that se:ual in=delity is the leading cause of divorce, you1ve got it all wrong. We polled over ?BB Jour!ango +:perts to see what they say are the top reasons married couples decide to split, and, believe it or not, communication problems came out on top as the number one reason marriages fail. 2ere are some other culprits our e:perts blame for the alarmingly high divorce rate. ?. &etting in for the wrong reasons. Marrying for money P we1ve all heard that that is a ticket to a uick divorce, but what about when you marry because it1s what you think you should doO
-1ve met many divorced women who say the problems that made them leave were there right from the beginning but Meveryone e:pected us to live happily ever afterM or Mwe had already spent so much money on the weddingM or Mwe had >ust built our dream home.M .o, remember, until you say M- do,M you always have the choice to say M- don1tSM E. 'ack of individual identity. % codependent relationship is not healthy. When you don1t have your own interests or the opportunity to e:press yourself outside of coupledom, you become Mcouple dumb.M -f you are not comfortable doing things without your partner, or you don1t know what kind of music, movies, or food you used to like, you are likely in deep and you probably feel like you are drowning and don1t know why. H. 3ecoming lost in the roles. Iust as many couples MforgetM their single friends and single ways when they get married, when you add children into the mi:, most parents soon neglect or completely forget that they are a couple. %s children grow and need less attention, many husbands and wives =nd that they have grown apart and they can1t remember why they ever got married in the =rst place because they no longer have anything in common. G. ,ot having a shared vision of success. M+verything changed when we got marriedSM 2e drives you cra8y because you1re a saver and he1s a spender. Jour idea of a weekend getaway is a co8y cottage in the woods9 your partner wants to the hit the town and catch a game. 2e thinks it1s your >ob to cook and clean, but you disagree. Why didn1t he mention these things beforeO Maybe you should have asked. #hances are that he hasn1t changed P your e:pectations did. -s it possible to survive ma>or di<erences in philosophyO -t is possible, but many do not. C. !he intimacy dissapears. .omewhere in a marriage there is a subtle change in the intimacy department. /ne person has an o< day, there is a misunderstanding or someone doesn1t feel well. !hen there1s the idea that he isn1t as romantic or she isn1t as se:ual. Whoever is the one with the subtle change can trigger a downward spiral in the intimacy department. Men generally need se:ual receptivity to feel romantic and women generally need romance to be se:ual receptive. %s long as both people are getting what they need, they willingly provide what the other person wants. 2owever, when there is a lessening on either1s part, that can trigger a pulling back in the other. -f gone unnoticed and unchecked, before the couple reali8es, they are seriously intimately estranged and wonder what happened. !his can lead to divorce as couples begin to feel unloved and unappreciated. F. )nmet e:pectations. .omewhere written into a human1s genetic code lie the instruction that when a person isn1t happy, he or she is supposed to force his7her signi=cant to make the changes reuired to make the unhappy person happy again. !his usually takes the form of complaining, blaming, critici8ing, nagging, threatening, punishing and7or bribing. When one or both people in the marriage are attempting to coerce each other into doing things they don1t want to do for their partner1s happiness, it is a recipe for disaster. When you are unhappy in a relationship, it1s okay to ask for the change you want. 3ut, if your partner doesn1t oblige you, then you become responsible for your own happiness. A. Finances. -t1s not usually the lack of =nances that causes the divorce, but the lack of compatibility in the =nancial arena. /pposites can attract but when two people are opposites in the =nancial department, divorce often ensues. -magine the conLict if one is a saver and one is a spender. /ne is focused on the future while the other believes in living for today. /ne has no problem buying on credit, while the other believes in saving up for what one wants. /ver time, this conLict can reach such heights that divorce seems to be the only logical conclusion. D. 3eing out of touch ... literally. -1m talking about physical contact. /f course, se: is great, but you also need to supplement it with little hello and goodbye kisses, impromptu hugs and simply holding hands. #ouples who don1t maintain an intimate connection through both se:ual and non4se:ual actions are destined to become virtual strangers. @. Di<erent priorities and interests. 2aving shared interests and e:ploring them together is essential for a successful marriage. /f course, having Mme timeM is important as well, but unless you can =nd common passions and look for ways to e:perience them together, you1ll imevitably grow farther and farther apart. ?B. -nability to resolve conLicts. +very couple has disagreements. !he key is to develop ground rules so that each partner feels respected and heard. .ometimes it takes a third party MrefereeM to help de=ne those rules and teach us to move through the charged emotions so resentments don1t linger. 2ome (eligion #ulture 'earn /nline Digital 'ibrary %udio $ideos 3ooks %rticles (esearch #ommunity more
$ivaha (2indu Marriage)
2ome 7 2indu #ulture 7 $ivaha
$ivaha (-%.!; $ivha) (Marriage) (#itation; Mn.H.G). ,ishekam is the ritual associated with =rst se:ual intercourse. -t is performed in the night of Gth day after marriage. $ivha is the .anskrit term for marriage. -n 2induism, it is viewed as one of the saskras (sacraments) and not a contract. 2indu families are patrilocal. #ontents ? -nstitution of marriage E !ype of marriage H vaak daanam G kanyaa daanam C vara prekshanam o C.? Madhuparka #eremony o C.E "resentation of a ceremonial cow F mangala snaanam and the wearing of the wedding clothes by the bride A maangalya dhaaranam D paani grahanam @ sapta padi ?B pradhaana homam ?? stepping on the grinding stone ?E laa>a homam ?H griha pravesam ?G praavisya homam ?C !he giving away of the bride (*anya Daan) ?F !he ,uptial 2oma ($ivah4homa) ?A %cceptance of 2and ("ani4&rahanam) ?D .olemn vows ("ratigna4*aranam) ?@ %scending the slab 7 .tepping on the stone EB !he fried4rice o<erings ('a>a42omah) E? #ircumambulation of the sacred =re ("arikrama, "radakshina, or Mangal fera) EE .even .teps (.aptapadi) EH .prinkling of water (%bhishek) EG Meditating on the sun (.oorya Darshanam dhyaanam va) EC !ouching the 2eart (2riday sparsh) EF Meditating upon the "ole .tar and the %rundhati .tar (Dhruva dhyaanam darshanam va) EA "artaking of food (%nna praashanam) ED 3enediction (%ashirvadah) E@ $ivaha as a sacrament (sanskara) -nstitution of marriage %ccording to 2induism, marriage is a union between a male and a female with a commitment so that they can pursue Dharma, %rtha (possessions) and *ama (physical desires) together. -t >oins two families. -t is at once a gateway to earthly life of pleasure, progress, prosperity and >oy as it is also an altar of elevation to a level of spiritual e:perience. .ociety recogni8es and controls it as it results in the procreation and nurture of future generation and thereby inLuences the social and cultural growth of society. %ccording to Manusmriti, or laws of Manu, there are eight di<erent types of 2indu marriages. ,ot all eight have religious sanction. !he last four were not religiously de=ned and were condemned. !hese are; 3rahma Marriage, Daiva Marriage, %rsha Marriage, "ra>apatya Marriage, &andharva Marriage, %sura Marriage, (akshasa Marriage, "aishacha Marriage. !ype of marriage +ight kinds of marriage are enumerated in Manu .mrti ---.EB4HG, these are5?6; ?. 3rahma $ivah; -n 3rahma marriage once the boy completes his 3rahmacharya %shram (student hood), he is eligible to get married. 2is parents then approach the parents or guardian of a girl belonging to a good family and same $arna and ask them for the hand of their daughter for their son. !he father of the girl also carefully chooses the groom who is well versed in $edas and of a noble character. !his is how a 3rahma marriage was arranged. !here was no dowry system at that time9 a girl came with two garments and a few ornaments only. %ccording to Dharmashastras, M3rahma $ivahM is the best marriage among all. E. Daiva $ivah; -f the girl is groomed with ornaments and married to a priest during a sacri=ce, it is called Daiva $ivah. -n this type of marriage the girl1s family wait for a reasonable period for a suitable man for their daughter but when nobody turns up they go looking for a groom in such places where a sacri=ce is being conducted. %ccording to the Dharmashastra, Daiva marriage is considered inferior to 3rahma marriage because it is considered degrading for the womanhood to look for groom. H. %rsha $ivah; -n this type of marriage the bridegroom gives a cow and a pair of bull to the guardian of girl. Marriages of this type used to happen because the parents of the bride couldn1t a<ord the e:pense of their daughter1s marriage at the right time according to the brahma rite. .o the girl is married o< to an old sage. !he cows, which were taken in e:change of the bride shows that even the groom does not have any remarkable ualities. %ccording to sastras noble marriages had no monetary or business transactions so this kind of marriages were not considered noble. G. "ra>apatya $ivah; -n this type of marriage, the bride1s father goes in search for a groom for his daughter. !he protection of the bride or daughter is handed over by the father to the bridegroom during the "anigrahan ceremony or the acceptance of the bride1s hands. !he actual wedding ceremony takes place after "anigrahan. C. &andharva $ivah; 2owever when a man and a woman marry with each others consent but may not have the consent of their family then this wedding is called &andharva $ivah or 1love marriage1. F. %sura $ivah; -n the %sura type of marriage the groom is not at all suitable for the bride . -n no way he is a match for the girl but the bridegroom willingly gives as much wealth as he can a<ord to the bride1s parents and relatives. .o the system of marriage is more like buying a product. -n %rsha type cows are given in e:change for the bride but there is no compulsion like the %sura type. +ven the groom is also not so rich and powerful like his counterpart in %sura type. A. (akshasa $ivah; -f a bride is taken by force and then persuades her to marry. !his is not considered as the right kind of marriage as you are forcing somebody to marry. D. "aishacha $ivah; -n this type the girl1s wish is not considered whether she wants to marry or not instead she was force to marry and even the bride1s family is also not given anything in cash or kind. !his kind of marriage was later prohibited. -t is considered as the most inferior type of marriage. vaak daanam !his step is a part of *anya $aranam, where the groom4to4be (brahmachari) sends two elders on his behalf to the father of a girl whom he wishes to marry. !he elders convey the message of the brahmachari and ask for the daughter1s hand. !he two mantras in the form of brahmachari1s appeal to intercede on his behalf come from (g ?B.HE.? (Mpra sugmantha...M) and ?B.DC.EH. !he =rst mantra begs the elders to proceed and return uickly with success back from their mission on his behalf. !he second mantram (Manruksharaa (>ava;...M) asks for the gods1 blessings for the elders1 safe >ourney to the house of the father of the would4be4bride. !he mantra prays to %ryama and 3haga for a marriage full of harmony. !he father accedes to the reuest of the elders and the resulting agreement for betrothal is known as vaak daanam. kanyaa daanam 2ere, the brahmachari meets his prospective father4in4law. %s soon as the bridegroomVs party arrives, they are warmly welcomed by the bride1s parents, relatives and friends. %t the entrance of the hall, the threshold ceremony is performed. !he oNciating priest chants a few mantras of blessings and welcome. !he threshold ceremony reuires the brideVs mother to receive and bless the groom with rice, red turmeric powder (kumkum) etc., by applying tilak (red dot and uncooked rice) on the groomVs forehead. .he sprinkles rice and red turmeric powder on the groom, and then blesses him with the palms of both hands 4 stretching them close to the groomVs head. ,ow the priest and the brideVs parents lead the bridegroom and his parents to the stage where they are given appropriate seats. %ll the other guests take their seats in the hall to witness the marriage ceremony. !o the accompaniment of ceremonial mantras by the oNciating priest the brideVs parents welcome the groom by invoking &odVs blessings and then o<ering the bridegroom a nutritious drink called Madhuparka. !his is called the Madhuparka #eremony, the origin of which dates back thousands of years when (ishis and sages of -ndia used it as a way of welcoming guests. vara prekshanam -n this ritual, the bridegroom and the bride look at each other formally for the =rst time. !he bridegroom worries about any doshas (defects) that the bride might have and prays to the gods $aruna, 3rihaspati, -ndra and .urya to remove every defect and to make her =t for harmonious and long marriage life blessed with progeny and happiness (mantra; (g ?B.DC.GG). !he bride groom recites the mantra and wipes the eyebrows of the bride with a blade of darbha grass, as if he is chasing away all defects. !he darbha grass is thrown behind the bride at the conclusion of this ceremony!he 3ridegroom shall stand facing the east. !he 3ride shall stand facing the north. !he bride (o<ering the seat or %sana, shall address the bridegroom as follows; !he bride; %)M, !he noble one may accept and take the seat. !he bridegroom; %)M, - am taking my seat. ( ) !he bride shall take her seat to the right of the bridegroom. !he bridegroom performs the %chamana and %ngasparsha with water. %ll 2indu religious ceremonies begin with two observances, namely %chaman or sipping a small uantity of water and angasparsha or touching oneVs limbs with oneVs right hand middle two =ngers with a little water. %chaman is puri=catory and conducive to peaceful attitude of mind. %ngasparsha is intended to pray for physical strength and alertness. %chaman and %ngasparsha are performed with the aid of Mantras. Madhuparka #eremony 2olding with his left hand a cup of Madhuparka (composed of honey, curd and ghee or clari=ed butter), after removing the cover and looking at the Madhuparka, !he bridegroom says; May the bree8e be sweet as honey9 may the streams Low full of honey and may the herbs and plants be laden with honey for usS May the nights be honey4sweet for us9 may the mornings be honey4sweet for us and may the heavens be honey4sweet for usS May the plants be honey4sweet for us9 may the sun be all honey for us and may the cows yield us honey4sweet milkS M2oney4sweetM, in this case, means pleasant, advantageous, and conducive to happiness. !he bridegroom shall pour out the Madhuparka into three cups and then partake a little of it from each of the cups reciting the following Mantra; !he bridegroom; !he honey is the sweetest and the best. May - have food as sweet and health4giving as this honey and may - be able to relish itS "resentation of a ceremonial cow !he bride father symbolically o<ers to the bridegroom a cow as a present. -n olden times sons4in4law received real cows as gifts, since that was the most precious asset with which a newly wedded couple could start life. !his part of the tradition has been preserved by a symbolical presentation. %t the conclusion of the =rst part of the wedding ceremony, it is customary to present gifts to the bride. !he bridegroom presents the bride with gifts of clothing and >ewellery thereby acknowledging his life4long duty to provide her with the necessities of life. !he father of the bride, o<ering to the bridegroom the present of a cow, a =nger4ring or some other suitable article says; !he father of the bride; %)M, ("lease) accept these presents. !he bridegroom; %)M, - accept (these presents). mangala snaanam and the wearing of the wedding clothes by the bride Five $eda mantras are recited to sanctify the bride in preparation for the subseuent stages of the marriage. !his aspect of the marriage is known as mangala snanam. !he sun god (.urya), water god ($aruna), and other gods are invoked to purify the bride in preparation for a harmonious married life. ,e:t, the bride wears the marriage clothes to the accompaniment of additional $eda mantras. !he bridegroom then ties a darbha rope around the waist of the bride and leads her to the place, where the sacred =re is located for conducting the rest of the marriage ceremony. !he bride and the groom sit on a new mat in front of the =re. !he groom recites three mantras which invoke .oma, &andharva and %gni to confer strength, beauty, and youth on the bride. maangalya dhaaranam !here is no $eda Mantram for tying the mangala sutram (auspicious thread) around the neck of the bride by the groom. !he latter takes the mangala sutram in his hands and recites the following verse; m%ngalyam tantun%nena mama >-van% hethun% ` ka,!he; badhnami subhageS san>-va .arada; .atam `` !his is a sacred thread. !his is essential for my long life. - tie this around your neck, / maiden having many auspicious attributesS May you live happily for a hundred years (with me). paani grahanam %fter maangalya dhaaranam, the groom lowers his right palm and encloses it over the right hand of the bride. 2e covers all the =ve =ngers of the right hand of the bride with his right palm through this act of paani grahanam. 2e recites mantras in praise of 3haga, %ryama, .avita, -ndra, %gni, .uryan, $ayu and .araswati, while holding the bride1s hand. 2e prays for long life, progeny, prosperity and harmony with the bride during their married life. !he closed =ngers of the right hand of the bride is said to represent her heart. !he paani grahanam ritual symboli8es the bride surrendering her heart in the hands of the groom during the occasion of the marriage. sapta padi During this ritual, the groom walks with the bride to the right side of the sacred =re. %ll along, he holds his wife1s right hand in his right hand in the way in which he held her hand during the paani grahanam ceremony. 2e stops, bends down and holds the right toe of his wife with his right hand and helps her take seven steps around the =re. %t the beginning of each step, he recites a $eda mantra to invoke the blessings of Maha $ishnu. !hrough these seven mantras, he asks Maha $ishnu to follow in the footsteps of his wife and bless her with food, strength, piety, progeny, wealth, comfort and health. %t the conclusion of the seven steps, he addresses his wife with a moving statement from the $eds summari8ed below; Dear WifeS 3y taking these seven steps, you have become my dearest friend. - pledge my unfailing loyalty to you. 'et us stay together for the rest of our lives. 'et us not separate from each other ever. 'et us be of one mind in carrying out our responsibilities as householders (grihasthas). 'et us love and cherish each other and en>oy nourishing food and good health. 'et us discharge our prescribed $edic duties to our elders, ancestors, rishis, creatures, and gods. 'et our aspirations be united. - will be the .aaman and may you be the (k (.aaman here refers to the music and (k refers to the $edic te:t that is being cast into music). 'et me be the upper world and let you be the 3humi or Mother +arth. - will be the .ukla or life force and may you be the bearer of that .ukla. 'et me be the mind and let you be the speech. May you follow me to conceive children and gain worldly as well as spiritual wealth. May all auspiciousness come your way. !his series of $eda mantras starting with Msakhaa saptapadhaa bhava ...M and ending with Mpumse putraaya ...M are rich with meaning and imagery. pradhaana homam %fter sapta padi, the couple take their seat on the western side of the sacred =re and conduct pradhaana homam. During the conductance of this homam, the bride must place her right hand on her husband1s body so that she gets the full bene=t of the homam through symbolic participation. .i:teen mantras are recited to the accompaniment of pouring a spoon of clari=ed butter into the sacred =re at the end of recitation of each of the mantras. !hese mantras salute .oma, &andharva, %gni, -ndra, $ayu, the %swini Devas, .avita, 3rihaspati, $iswa Devas and $aruna for blessing the marriage and beseeches them to confer long wedded life, health, wealth, children and freedom from all kinds of worries. /ne prayer 44 the si:th mantra 44 has a sense of humor and provides deep insight into human psychology. !he te:t of this mantra is; Mda.aasyam putraan dehi, patim ekaada.am k(tiM. 2ere, the groom asks -ndra to bless the couple with ten children and reuests that he be blessed to become the eleventh child of his bride in his old age. stepping on the grinding stone %fter pradhaana homam, the husband holds the right toe of his wife and lifts her leg and places it on a Lat granite grinding stone known as MammiM in !amil. !he ammi stands at the right side of the sacred =re. !he husband recites a $eda mantra when he places the right foot of his wife on the ammi; May you stand on this =rm stone. May you be rock4=rm during your stay on this grinding stone. May you stand up to those who oppose you while you carry out your time4honored responsibilities as a wife sanctioned by the $edas and tradition. May you develop tolerance to your enemies and put up a fair =ght to defend your legitimate rights as the head of the household in a =rm manner, eual to the steady strength of this grinding stone. laa>a homam %fter ammi stepping, a ceremony of doing homam with parched rice is conducted. 2ere, the wife cups her hands and the brothers of the bride =ll the cupped hands with parched rice. !he husband adds a drop of ghee to the parched rice and recites =ve $eda mantras. %t the end of each of the recitation , the parched rice is thrown into the sacred =re as havis (o<ering) to %gni. !hrough these mantras, the wife prays for long life for her husband and for a marriage =lled with peace and harmony. %t the end of the laa>a homam, the husband unties the darbha belt around the waist of his wife with another mantra. !he husband states through this mantra that he unites his wife and ties her now with the bonds of $aruna and invites her to be a full partner in his life to en>oy the blessings of wedded life. griha pravesam !his ceremony relates to the >ourney of the wife to her husband1s home. !he husband carries the sacred =re (homa agni) in a earthern vessel during this >ourney home. !here are many $eda mantras associated with this >ourney. !hese mantras pray to the appropriate $edic gods to remove all obstacles that one can e:perience in a >ourney. !he bride is reuested to become the mistress of the house and is reminded of her important role among the relatives of her husband. %fter reaching her new home, she puts her right foot =rst in the house and recites the following $eda mantra; - enter this house with a happy heart. May - give birth to children, who observe the path of righteousness (dharma)S May this house that - enter today be prosperous forever and never be de=cient in food. May this house be populated by people of virtue and pious thoughts. praavisya homam %fter griha pravesam, a =re ritual known as praavisya homam is performed by the couple to the accompaniment of thirteen $eda mantras from the (g $eda. Iayaadi homam is also part of the praavisya homam. !his homam o<ers the salutation of the newly married couple to %gni Deva and asks for strength and nourishment to discharge the duties of a grihasthas for the ne:t one hundred years. %fter that, the bride shifts her position from the right side of her husband to his left side. %t that time, once again, she recites a $eda mantra invoking the gods for blessings of children and wealth to perform the duties of a householder. %t the end of the above homam, a child is placed on the lap of the bride and she o<ers a fruit to the child, while reciting a prescribed $eda mantra. Jet another mantram asks the assembled guests to bless the bride and then retire to their own individual homes peacefully. During the =rst evening of the stay in her new home, the couple see the stars known as Dhruva (pole star) and %rundhati. !he husband points out the pole star and prays for the strength and stability of the household through a $eda mantra. ,e:t, the husband points out the %rundhati star to his wife and describes to her the story of %rundhati and her legendary chastity. !he rich and meaningful ceremony of the 2indu marriage (*alyana Mahotsavam of the temples) is thus carried out in concert with sacred $eda Mantras. !he bride and bridegroom should enunciate clearly the $eda mantras and reLect on their meanings during the di<erent stages of the marriage ceremony. !his way, they can be sure of a long, happy and prosperous married life and play their appropriate role in society to the fullest e:tent. .rinivasa *alyanam is performed in the temples to remind us of these hoary $edic traditions behind a 2indu marriage. lok%; samast%; sukhino bhavantu sarva manga'aani santu !he giving away of the bride (*anya Daan) *anya means daughter or girl. Daan means giving away. !his is an important part of the marriage ceremony in which the brideVs parents give her away to the groom by entrusting her to the bridegroom. !he oNciating priest chants appropriate verses in .anskrit. !he people in the audience (the public) are now noti=ed that the parents have willingly e:pressed their wish and consent by reuesting the groom to accept their daughter as his bride. %s soon as the groom indicates his acceptance the brideVs parents place their daughterVs right hand into the bridegroomVs right hand. !he parents now bestow their blessings on both the bride and the groom and pray to the 'ord to shower 2is choicest blessings on them. !he father of the bride, placing her right hand on the right hand of the bridegroom, says; !he father of the bride; 3e pleased to accept hand of my daughter (name of the bride) of the &otra (here the surname of the family). !he bridegroom; %)M, - do accept. !he bridegroom makes an /<ering of the garment and the scarf to the bride to wear. !he bridegroom wears the garments and the scarf o<ered by the parents of the bride.
!hen facing each other !he bride and the bridegroom speak as follows; Je learned people assembled at this sacred ceremony know it for certain that we two hereby accept each other as companions for life and agree to live together most cordially as husband and wife. May the hearts of us both be blended and beat in unison. May we love each other like the very breath of our lives. %s the all4pervading &od sustains the universe, so may we sustain each other. %s a preceptor loves his disciple, so may we love each other steadfastly and faithfully. 4 (ig$eda b.DC.GA %ddressing the bride, the bridegroom says; Distant though we were, one from the other, we stand now united. May we be of one mind and spiritS !hrough the grace of &od, may the eyes radiate benevolence. 3e thou my shield. May thou have a cheerful heart and a smiling face. May thou be a true devotee of &od and mother of heroes. May thou have at heart the welfare of all living beingsS 4 (ig $eda b.DC.GG
!he bride; - pray that henceforth - may follow thy path. May my body be free from disease and defect and may - ever en>oy the bliss of your companionshipS !he ,uptial 2oma ($ivah4homa) $ivah4homa is also called the Msacred =re ceremonyM. %ll solemn rites and ceremonies commence with the performance of 2oma (sacred =re ceremony) among the followers of $edic religion. !he idea is to begin all auspicious undertakings in an atmosphere of purity and spirituality. !his atmosphere is created by the burning of fragrant herbs and ghee and by the recitation of suitable Mantras. !he %chaman and %ngasparsha are performed for the second time. !he bride also participates. !he three %chaman mantras involve sipping of a little water three times. !he seven %ngasparsha mantras involve touching water with the right hand middle two =ngers apply the water to various limbs =rst to the right side and then the left side as follows; ?. Mouth E. ,ostrils H. +yes G. +ars C. %rms F. !highs A. .prinkling water all over the body. %cceptance of 2and ("ani4&rahanam) !he bridegroom rising from his seat and facing the bride, shall raise her right hand with his left hand and then clasping it says; - clasp thy hand and enter into the holy state of matrimony so that we may be blessed with prosperity and noble progeny. Mayst thou live with me happily throughout lifeS !hrough the grace of the all4mighty 'ord, who is the #reator and .ustainer of the universe and in the presence of this august assemblage, thou art being given away in marriage so that we may together rightly perform our duties as householders. With all my strength and resources, - have clasped thy hand9 and thus united, we shall together follow the path of virtue. !hou art my lawfully wedded wife and - am thy lawfully wedded husband. &od, the protector and sustainer of all, has given thee to me. From today, it devolves upon me to protect and maintain thee. 3lessed with children, mayst thou live happily with me as thy husband for the full span of human life (a hundred years). Following the divine law and the words of wisdom uttered by the sages, may we make a good couple and may &od vouchsafe unto us a shining life of virtue and happiness. %s &od nourishes and sustains all creatures through 2is great forces like the sun, the moon, the earth, the air etc., so may 2e bless my wife with healthy and virtuous progeny and may you all assembled here bless herS a - accept thee as my partner for life. a - will not keep away even mentally anything from thee. a - will share with thee all - en>oy. a We will persevere in the path of virtue, surmounting all obstacles. .olemn vows ("ratigna4*aranam) !he bridegroom taking the palm of the bride into his hand helps her to rise and then they both shall walk round the altar, the bride leading. !hen facing the east take the solemn vows; !he bridegroom; bloc %scending the slab 7 .tepping on the stone !his ceremony is referred to as .hilarohanam (.hila; stone 9 %rohan; stepping upon). -n it, the mother of the bride assists her to step onto a stone and counsels her to prepare herself for a new life. !he stone signi=es strength and trust. % married couple is likely to encounter ups and downs, >oys and sorrows, prosperity and adversity, sickness and health. -n spite of the diNculties facing them, they are en>oined to remain steadfast and true to each other. !he bride places her right foot on the slab (stone), assisted by her mother or her brother. !he priest recites a Mantra from the %tharva $eda (%$ --.?H.G) !he fried4rice o<erings ('a>a42omah) 'a>a means pu<ed rice or barley like popcorn. !he bride shall place the palms of her hands over those of the bridegroom and make three o<erings (ahutis) of fried rice soaked in ghee (clari=ed butter). !he bride; a - adore &od, the uni=er of hearts. ,ow that - am leaving my parentsV home for my husbandVs, - pray that 2e may keep us perpetually unitedS a With these o<erings - pray for 'ong life for my husband and for the prosperity of all our relationsS a (%ddressing her husband) -n making these o<erings for your prosperity - once again pray that &od may bless this union of our heartsS #ircumambulation of the sacred =re ("arikrama, "radakshina, or Mangal fera) !his is an auspicious and important part of the marriage ceremony. -t consists in walking around the sacred =re (clockwise) four times. !his aspect of the ceremony and the one that follows, namely .aptapadi (seven steps)4 constitute the most important part, in as much as it legalises the marriage according to 2indu custom and tradition. !hese two aspects of the marriage ceremony establish an indissoluble matrimonial bond between the couple. -n the =rst three rounds the bridegroom leads the bride as they circle together around the sacred =re. -n the fourth (last) round, the bride leads the bridegroom around the sacred =re. -n each round around the sacred =re, an appropriate mantra is recited which e:presses noble sentiments in relation to their future matrimonial life. +ach round culminates in both the bride and the bridegroom placing o<erings or ahutis of fried rice in the sacred =re. !he 2indu religion emphasises en>oyment of life as well as the discharging of family, social and national responsibilities. During the =rst three rounds, &odVs blessings and help are sought9 loyalty to each other is emphasised and9 a promise to keep in mind the well4being and care of the future children is made. -n the fourth (last) round (led by the bride) the bride promises that she will lead her life according to the tenets of the 2indu religion, namely .atya and Dharma or !ruth and devotion to duty, and that she will always ensure that the bridegroom can rely on her to carry out her family, religious and household duties. !he bridegroom then places his hand on the brideVs head and states that henceforth she will be his wife and he will shield her against any danger or harm. %t the end of the four rounds they shall e:change seats, the bride taking her seat to the left of the bridegroom. .even .teps (.aptapadi) 3esides a religious meaning behind the seven steps, there is also a mathematical rationale on performing the A rounds circling the =re. % circle is HFB degrees, all the numbers between ? and @ divides HFB e:cept the number A. -t becomes a non4terminating number, hence symboli8ing the marriage as indivisible. !he ends of their garments (the bridegroomVs scarf and upper garment of the bride) are tied together by the priest (signifying marriage knot).!hen both shall stand facing the north. !he bridegroom shall place his right hand upon the right shoulder of the bride. !hey shall take the =rst step in the north easterly direction. -n taking these seven steps, the right foot shall always lead and the left foot be brought forward in line with it. )ncooked grains of rice (about a small handful) are placed in a line at eual distance at seven places. !he bride and the groom take seven steps together, stepping upon =rst mound of rice with the right foot as the priest recites a mantra. !hen stepping upon the second mount of rice with the right foot as the priest recites a mantra. (%ll seven steps are done the same way). a May the =rst step lead to food that is both nourishing and pure. a May the second step lead to strength (at the physical, emotional, intellectual and spiritual levels). a May the third step lead to prosperity. a May the fourth step lead to all round happiness. a May the =fth step lead to progeny (noble and virtuous children). a May the si:th step lead to long life. a May the seventh step lead to bondage (through harmony, understanding). !he bridegroom says; 2aving completed the seven steps, be thou my life long companion. Mayst thou be my associate and helper in successful performance of the duties that now devolve upon me as a householder. May we be blessed with many children who may live the full duration of human lifeS %fter the completion of the seven steps ceremony, the couple (with knots tied to each other) take their seats. !he wife now takes her rightful place on the left side of her husband as the marriage is now religiously solemni8ed in its entirety. ,ow the couple are husband and wife. !he husband garlands the wife and she in turn garlands her husband. .prinkling of water (%bhishek) !he priest (or a brother of the newly wedded wife) shall sprinkle water on the foreheads of the bride and the groom. !he priest recites mantras from the (ig $eda (($ b.@.?7E7H) during the sprinkling of water. Meditating on the sun (.oorya Darshanam dhyaanam va) 'ooking at or mentally visualising the sun, to give them power to lead a creative, useful and meaningful life. !he bride and the bridegroom together pray; / &od, who art the illuminator of the sun, may we, through thy grace live for a hundred years, hear for a hundred years, and speak for a hundred years. %nd may we never be dependent upon anybody. May we likewise live even beyond a hundred yearsS 4(ig $eda, $--. FF. ?F) !ouching the 2eart (2riday sparsh) !ouching the heart of the bride, the bridegroom says; May - have hearty co4operation from these in the performance of my duties. May thou be of one mind with me. May thou be consentient to my speech. May the 'ord of creation unite thee to meS !he bride; May - have hearty co4operation from these in the performance of my duties. May thou be of one mind with me. May thou be consentient to my speech. May the 'ord of creation unite thee to meS Meditating upon the "ole .tar and the %rundhati .tar (Dhruva dhyaanam darshanam va) !he "ole .tar is stationary and =:ed in its position, likewise the couple is e:pected to be steadfast and =rm in ful=lling their vows and responsibilities. !he bride; Iust as the star %rundhati is attached to the star $asishtha, so may - be ever =rmly attached to my husbandS "lacing his hand upon the brideVs forehead !he bridegroom; %s the heavens are permanently stable, as the earth is permanently stable, as these mountains are permanently stable, and as the entire universe is permanent stable, so may my wife be permanently settled in our familyS 4(ig $eda b.?AH.G (%ddressing the bride); !hou are the "ole star9 - see in thee stability and =rmness. Mayst thou ever be steadfast in thy a<ection for me. !he great &od has united thee with me. Mayst thou live with me, blessed with children, for a hundred yearsS "artaking of food (%nna praashanam) -n the last symbolic rite the couple make o<erings of food with chantings of $edic 2avan Mantras (oblations of food in the .acred =re). 2aving done that, the couple feed a morsel of food to each other from the residue of the o<erings. !his being the symbolic e:pression of mutual love and a<ection. 3enediction (%ashirvadah) "lacing his hand upon the forehead of the bride, the bridegroom says; Je men and women present here, behold this virtuous bride possessed of high attainments, and before ye disperse, give her your blessingsS %ll the people present shall pronounce the following blessings upon the couple. ?. / 'ord, may this couple be prosperousS E. / 'ord, may this couple live in perpetual happinessS H. / 'ord, may this couple be ever infused with love for each other. May this couple be blessed with children and grandchildren and live in the best of homes for the full period of their livesS G. May you two live here together. May you never be parted. May you en>oy the full span of human life in the delightful company of your happy sons and grandsonsS /m .hantih, .hantih, .hantih. !he 2indu wedding ceremony may vary in minor details from region to region and di<erent priests may adopt some variations. $ivaha as a sacrament (sanskara) .acraments constitute an important part of 2indu religion. .acraments in 2induism are designed to build a solid foundation for righteous living. !hey are known as X.anskarasV.!heir purpose is to create and develop a religious and spiritual outlook in life. !he 2indu religion has instituted si:teen di<erent .anskaras (sacraments) meant for di<erent phases of life from conception to marriage to old age and death. !he word sanskara in .anskrit means Xto cause indelible impressions on the mind and to develop every aspect of oneVs personality.V !herefore it is necessary to understand and appreciate their signi=cance and to derive bene=t from their performance. /f the si:teen sanskaras in 2induism, the sacrament of marriage or $ivah .anskara is the most important. Marriage inLuences the personality of man and woman as life partners, enabling them to take their rightful place in society.
+ssentials %nd 'egal (ules For % $alid %gency Wednesday EDth of March EB?E ` 3y; )mar 2afee8 ` $iews; EB?F ` #omments; B ` (ating; H .tar #ontentH .tar #ontentH .tar #ontentH .tar #ontentH .tar #ontent ` %dvertisement
!he legal de=nition of the term XagencyV, discussed in the last article, reveals the essential element of agency, and a valid agency must satisfy these essential reuirements. !he essential features of agency relationship are discussed in points - to H below, and the rests are its legal rules. ?. !here should be an agreement between the principal and the agent; -t is an essential element of a valid agency. %ccording to this element, the agency must be created by an agreement between the principal and the agent. !hus, there must be an agreement by which a person is appointed as an agent by the other. !he agreement may be e:press (i.e., by words of mouth or of the case. E. !he agent must act in the representative capacity; -t is the most important essential element of a valid agency. !he agent must act in the representative capacity, i.e., he must represent his relationship of his principal with the third persons. !hus the true nature of the relationship should be seen if the agent acts in representative capacity and had the power to bind his principal with the third persons, the relationship is that of XagencyV. H. !he principal must be competent to contract; -t is another important essential element of a valid agency. !he principal must be competent to enter into a valid contract, i.e., he must be of sound mind, and have attained the age of ma>ority (i.e., he should have completed ?D years of age). !hus, a minor or a person of unsound mind (i.e., insane person) cannot appoint an agent to act on his behalf 5.ection ?DH6. %n appointment of an agent, made by an incompetent person is void. -t may be noted that an agent acting on behalf of an incompetent principal will be personally liable, for his acts, to third persons with whom be contracts. G. !he agent need not be competent to contract; &enerally, an agent incurs no personal liability while contracting on behalf of his principal. !herefore, it is not necessary that he should be competent to contract. !hus any person may become an agent and he need not be competent to contract 5.ection ?DG6. +ven a minor can be appointed as agent, and the principal shall be bound by the acts of such an agent. -t may, however, be noted that such an incompetent agent shall not be liable to the principal. !hus, the principal cannot recover any compensation from an incompetent agent for losses caused by misconduct or unauthori8ed acts of such agent. -t is, therefore, in the interest of the principal to appoint a competent person as his agent. C. !he consideration is not necessary; %n agency is valid even without consideration. !hus, no consideration is reuired for the creation of a valid agency relationship 5.ection ?DC6. &enerally, an agent is remunerated by way of commission for the services rendered by him. 2owever, no consideration is necessary for the validity of the appointment of the agent Supreme Court of India Devinder .ingh ,arula vs Meenakshi ,angia on EE %ugust, EB?E %uthor; % *abir 3ench; %ltamas *abir, I. #helameswar `(+"/(!%3'+ ` -, !2+ .)"(+M+ #/)(! /F -,D-% #-$-' %""+''%!+ I)(-.D-#!-/, #-$-' %""+%' ,/.C@GF /F EB?E (%rising out of .'"(#),o.E?BDG of EB?E) ? Devinder .ingh ,arula %ppellant $s. E Meenakshi ,angia (espondent I ) D & M + , ! %'!%M%. *%3-(, I. ?. 'eave granted. E. !his appeal arises out of an order passed by the %dditional District Iudge4 B?, West Delhi, on ?H.G.EB?E in 2M% ,o.EBG7EB?E, while entertaining a >oint petition =led by the parties under .ection ?H43 of the 2indu Marriage %ct, ?@CC. /n such petition being presented, the learned #ourt below posted the matter on ?C.?B.EB?E for the purpose of second motion, as contemplated under .ection ?H43 of the aforesaid %ct, which is e:tracted hereinbelow for reference;4 ?H43.Divorce by mutual consent T (?) .ub>ect to the provisions of this %ct a petition for dissolution of marriage by a decree of divorce may be presented to the district #ourt by both the parties to a marriage together, whether such marriage was solemni8ed before or after the commencement of the Marriage 'aws (%mendment)%ct, ?@AF, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. H. !he .ection itself provides for a cooling period of si: months on the =rst motion being moved, in the event the parties changed their minds during the said period. %ccordingly, after the initial motion and the presentation of the petition for mutual divorce, the parties are reuired to wait for a period of si: months before the second motion can be moved, and at that point of time, if the parties have made up their minds that they would be unable to live together, the #ourt, after making such inuiry as it may consider =t, grant a decree of divorce declaring the marriage to be dissolved with e<ect from the date of the decree. G. %ggrieved by the said order of the learned %dditional District Iudge, =:ing the date of the End motion after si: months, the petitioner has moved this #ourt by way of this appeal, relying on a decision of this #ourt in %nil *umar Iain vs. Maya Iain 5(EBB@) ?B .## G?C6, whereby after arriving at a conclusion that the marriage between the parties had broken down irretrievably, this #ourt felt >usti=ed to invoke its powers under %rticle ?GE of the #onstitution. C. /n behalf of both the parties it was urged that since more than ?D months had elapsed since the original petition under .ection ?H of the 2indu Marriage %ct, ?@CC, have been =led, the said period could be counted towards the cooling period of si: months stipulated under .ection ?H43 of the above %ct. -t was urged that by such reckoning the parties have already completed the waiting period of si: months, as envisaged under .ection ?H43 of the %ct. F. -t was also urged that the other conditions contained in .ection ?H4 3(?) of the %ct had also been satis=ed as the parties had been living separately for more than a year and had mutually agreed that the marriage should be dissolved. -t was urged that e:cept for the formality of not having made an application under .ection ?H43, the other criteria had been duly ful=lled and having regard to the language of .ection ?H43, a decree of dissolution of the marriage by way of mutual divorce should not be denied to the parties, since four months out of waiting period of si: months contemplated under .ection ?H43 had already been completed. A. -t was contended that as was done in the case of %nil *umar Iain (supra), this #ourt could invoke its powers under %rticle ?GE of the #onstitution in the best interest of the parties. -t was urged that technicality should be tampered by pragmatism, if substantive >ustice was to be done to the parties. D. /n behalf of the .tate it was submitted that in view of the statutory provisions, the prayer being made on behalf of the petitioner and the respondent wife should not be entertained as that would lead to confusion in the minds of the public and would be against the public interest. @. We have carefully considered the submissions made on behalf of the parties and have also considered our decision in %nil *umar Iains case (supra). -t is no doubt true that the 'egislature had in its wisdom stipulated a cooling period of si: months from the date of =ling of a petition for mutual divorce till such divorce is actually granted, with the intention that it would save the institution of marriage. -t is also true that the intention of the 'egislature cannot be faulted with, but there may be occasions when in order to do complete >ustice to the parties it becomes necessary for this #ourt to invoke its powers under %rticle ?GE in an irreconcilable situation. -n fact, in the case of *iran vs. .harad Dutt 5(EBBB) ?B .## EGH6, which was considered in %nil *umar Iains case, after living separately for many years and ?? years after initiating proceedings under .ection ?H of the 2indu Marriage %ct, the parties =led a >oint application before this #ourt for leave to amend the divorce petition and to convert the same into a proceeding under .ection ?H4 3 of the %ct. !reating the petition as one under .ection ?H43 of the aforesaid %ct, this #ourt by invoking its powers under %rticle ?GE of the #onstitution, granted a decree of mutual divorce at the stage of the .'" itself. -n di<erent cases in di<erent situations, this #ourt had invoked its powers under %rticle ?GE of the #onstitution in order to do complete >ustice between the parties. ?B. !hough we are not inclined to accept the proposition that in every case of dissolution of marriage under .ection ?H43 of the %ct the #ourt has to e:ercise its powers under %rticle ?GE of the #onstitution, we are of the opinion that in appropriate cases invocation of such power would not be un>usti=ed and may even prove to be necessary. !he uestion with which we are faced is whether this is one of such casesO ??. %s will appear in the averments made in this appeal, the appellant =led a petition under .ection ?E of the 2indu Marriage %ct on ?.F.EB?? on the ground that the marriage contracted on EF.H.EB??, was a nullity9 that the parties had been living separately since their marriage and have not cohabitated with each other since ?.F.EB?? and in future also they could never live together under one roof. %ccording to the parties, they are residing separately from each other for the last one year and the respondent was presently working overseas in #anada. -t is with such ob>ect in mind that during the pendency of the proceedings under .ection ?E of the %ct the parties agreed to mediation and during mediation the parties agreed to dissolve their marriage by =ling a petition under .ection ?H43 of the above %ct for grant of divorce by mutual consent. -n the proceedings before the Mediator, the parties agreed to move appropriate petitions under .ection ?H4 3(?) and ?H43(E) of the %ct. % report was submitted by the Mediator of the Mediation #entre of the !is 2a8ari #ourts to the #ourt in the pending 2M% ,o.EH@ of EB??. -t is pursuant to such agreement during the mediation proceedings that an application was =led by the parties in the aforesaid pending 2M% on ?C.?E.EB?? indicating that they had settled the matter through the mediation centre and that they would be =ling a petition for divorce by mutual consent on or before ?C.G.EB?E. /n the strength of the said petition, the 2M% proceedings were disposed of as withdrawn. .ubseuently, on ?H.G.EB?E the parties =led a >oint petition under .ection ?H4 3 of the %ct on which the order came to be passed by the learned %dditional District Iudge 4B?, West Delhi, =:ing the date for the second motion on ?C.?B.EB?E. ?E. -t is uite clear from the materials on record that although the marriage between the parties was solemni8ed on EF.H.EB??, within H months of the marriage the petitioner =led a petition under .ection ?E of the 2indu Marriage %ct, ?@CC, for a decree of nullity of the marriage. !hereafter, they have not been able to live together and lived separately for more than ? year. -n e<ect, there appears to be no marital ties between the parties at all. -t is only the provisions of .ection ?H43(E) of the aforesaid %ct which is keeping the formal ties of marriage between the parties subsisting in name only. %t least the condition indicated in .ection ?H43 for grant of a decree of dissolution of marriage by the mutual consent is present in the instant case. -t is only on account of the statutory cooling period of si: months that the parties have to wait for a decree of dissolution of marriage to be passed. ?H. -n the above circumstances, in our view, this is one of those cases where we may invoke and e:ercise the powers vested in the .upreme #ourt under %rticle ?GE of the #onstitution. !he marriage is subsisting by a tenuous thread on account of the statutory cooling o< period, out of which four months have already e:pired. When it has not been possible for the parties to live together and to discharge their marital obligations towards each other for more than one year, we see no reason to continue the agony of the parties for another two months. ?G. We, accordingly, allow the appeal and also convert the pending proceedings under .ection ?E of the 2indu Marriage %ct, ?@CC, before the %dditional District Iudge4B?, West Delhi, into one under .ection ?H43 of the aforesaid %ct and by invoking our powers under %rticle ?GE of the #onstitution, we grant a decree of mutual divorce to the parties and direct that the marriage between the parties shall stand dissolved by mutual consent. !he proceedings before the %dditional District Iudge4B?, West Delhi, being 2M% ,o.EBG of EB?E, is withdrawn to this #ourt on consent of the parties and disposed of by this order. ?C. -n the facts of the case, the parties shall bear their own costs. I. (%'!%M%. *%3-() I. (I. #2+'%M+.W%() ,ew Delhi Dated;EE.D.EB?E.
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