Divorce

I. Study the vocabulary:

Divorce - розлучення

To be granted- надаватись

To file a divorce petition- заповнювати заяву про розлучення

Restriction- обмеження

То bring a divorce proceeding- розпочинати справу про розлучення

То be domiciled (resident) - проживати

A decree nisi of divorce -

Рішення про анулювання шлюбу

То grant a decree nisi of divorce- анулювати шлюб

A ground- підстава

Adultery- шлюбна зрада

Unreasonable behavior - неадекватна поведінка

Desertion - окреме проживания

То obtain a confession statement - отримувати зізнання

То furnish a statement- надавати заяву

A solicitor - повірений

Misconduct - неправильна поведінка

Persistent - тривалий

Obscene - безсоромний

Abusive - образливий

Harsh - суворий

Excessive demands - надмірні потреби

То establish - влаштовувати

То seek advice - звертатись за порадою

Complications - ускладнення

II. Read and learn the text of the topic:

Getting a divorce used to be very difficult. This is no longer the case. A divorce can be obtained in this country, where the marriage has 'irretrievably broken down¹. But if the parties have been married for less than three years, then even if they both wish to be divorced, they are not permitted to file a divorce petition except by special permission of a judge, which is only granted in exceptional circumstances. Another restriction upon bringing divorce proceedings is that one of the parties must be legally domiciled or resident in England and Wales when the proceedings are started.

A person who brings divorce proceedings is called the petitioner (P). The other spouse is called the respondent (R). If the petitioner's case succeeds, the judge grants a decree nisi of divorce. A final decree, the decree absolute, can normally be obtained six weeks later. This delay allows any irregularities to be discovered before the marriage is finally brought to an end.

Adultery means voluntary sexual intercourse between a spouse and a third party of the opposite sex. Intimacies short of intercourse do not constitute adultery. P has to prove that adultery took place. The easiest way for him to do so is by obtaining a confession statement signed by R and the co­respondent (the person with whom P has allegedly commited adultery) which sets out the time and place at which acts of adultery took place. If R is unwilling to furnish such a statement, it may be necessary to employ an enquiry agent whom a solicitor will be able to recommend.

Unreasonable Behavior. R must have behaved in such a way that P cannot reasonably be expected to live with R. R's misconduct must be serious by any standards.

P has to supply details of particular incidents to illustrate the conduct of which he complains.

Conduct which might form the basis for a petition includes: physical violence persistent drunkenness; sexual assaults on children of the family; violent, obscene, abusive or harsh language; excessive sexual demands; or, at the opposite extreme, unreasonable refusal to have a normal sex life.

Desertion. The respondent must have deserted the petitioner for at least two years immediately preceding the presentation of the petition.

Where the parties have lived apart for five years, one spouse may obtain a divorce even though the other spouse does not consent to it.

Even where one of the five grounds has been established, no divorce will be granted where the , court is not satisfied that the marriage has irretrievably broken down. If there are children of the family, a decree absolute cannot generally be made unless the court has declared itself satisfied about the arrangements for them.

Although a petitioner may fill in the documents by himself, there are many complications involved in establishing grounds for divorce. Financial matters and arrangements for children especially may give rise to difficulties. Some advice from a solicitor will often therefore be worth seeking.

III. Answer the questions:

1. What are the common restrictions for granting a divorce?

2. What is the spouse who brings a divorce?

3. What is the other spouse called?

4. A decree nisi of divorce is the final decree, isn't it?

5. What must a petitioner establish to get a divorce?

6. What are the ways of proving adultery?

7. What kind of conduct does unreasonable behavior include?

8. What is the shortest terms of separation which can form the petition for divorce?

9. In which case may the divorce be obtained without the consent of the other spouse?

10. In which cases will no divorce be granted?