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Agreement De Divorce

In the absence of precedents defining the circumstances in which marriage could be dissolved, the civil courts relied heavily on the earlier findings of the ecclesiastical courts and freely took over the requirements established by those courts. When civil courts took over the power to terminate marriages, the courts always interpreted strictly the circumstances in which they would grant divorce[126] and held that divorce was contrary to public order. Since divorce was considered contrary to the public interest, the civil courts refused divorce if evidence revealed complicity between husband and wife in the divorce or when they tried to find grounds for divorce. The divorce was granted only because part of the marriage had violated a sacred vow to the “innocent spouse.” In economics, this is known as the Zelder paradox and more often in marriages that have given birth to children and less often in couples without children. [61] The former Athenians generously allowed the divorce, but the person who filed for divorce had to submit the petition to a judge and the judge was able to determine whether the reasons given were sufficient. In Britain, before 1857, wives were considered to be under the economic and legal protection of their husbands, and divorce was almost impossible. It took a very expensive private law of Parliament, which cost perhaps £200 as only the richest could afford. It was very difficult to obtain divorce because of adultery, desertion or cruelty. The first major legislative victory came with the Matrimonial Causes Act of 1857, which passed the exhausting opposition of the very traditional Church of England…

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