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when a Divorce fails

Family Law, Children, Adoption

Re: when a Divorce fails

Postby Spankymonkey » Mon Mar 27, 2017 8:05 pm

atticus wrote:There is no divorce. It has not failed.

The simple point is that the law allows divorce on certain grounds. If those grounds cannot be established then a decree of divorce will not be granted.


So there are three people in every marriage. You, your partner and the state.

Just a shame Article 12 doesn't provide for freedom to divorce.
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Re: when a Divorce fails

Postby Smouldering Stoat » Mon Mar 27, 2017 8:53 pm

The state regulates marriage through the law. That doesn't make the state a party to every marriage, any more than it makes the state a party to every other legal agreement (except in the sense that is so vague as to be meaningless).

Article 12 doesn't guarantee a right to divorce. But Article 12 guarantees a right to privacy and respect for your family life.
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Re: when a Divorce fails

Postby Spankymonkey » Tue Mar 28, 2017 1:44 pm

Smouldering Stoat wrote: But Article 12 guarantees a right to privacy and respect for your family life.


Article 12? Don't you mean article 8?
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Re: when a Divorce fails

Postby atticus » Tue Mar 28, 2017 1:57 pm

Article 12 provides that "men and women of marriagable age have the right to marry and to found a family, according to the national laws governing the exercise of this right".
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Re: when a Divorce fails

Postby Smouldering Stoat » Tue Mar 28, 2017 2:48 pm

Spankymonkey wrote:
Smouldering Stoat wrote: But Article 12 guarantees a right to privacy and respect for your family life.


Article 12? Don't you mean article 8?


Yes.
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