No-fault divorce

It has been observed that in a divorce case, one party, usually, tries to prove that the other party is at fault. This is what is known as the ‘Faulty-theory’.

Bhoomi Goyal
Published on: 27 Jun 2023 11:42 AM GMT
No-fault divorce
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When Hollywood actress Amber Heard had filed for divorce from her husband and ‘’Pirates of the Caribbean’’ star Johnny Depp, she had called him a ‘monster’ who had once, during an argument, threw a mobile phone at her hitting her in the face and had also termed her as a ‘whore’.

It has been observed that in a divorce case, one party, usually, tries to prove that the other party is at fault. This is what is known as the ‘Faulty-theory’.

But some countries have now accepted, what is termed as the ‘No-fault divorce’. In this theory none of the parties have to prove that the other one is at fault and yet they can get divorce easily.

Taking divorce is a long process in every country especially in a country like India, where the process involves a lengthy court battle. To come out from this, many countries have given permission for ‘No-fault divorce’.

What is ‘No-fault divorce’?

In this divorce, the husband or the wife does not need to prove that the partner betrayed him/her, tortured him/her, assaulted him/her or did any other thing. They just need to say that the relationship is over.

Reasons behind this-

Most of the countries accept the ‘fault theory’ in deciding divorce cases. Until one party proves the other’s mistake, there are no possibilities of divorce. Due to this process many times one party creates false evidence for taking divorce. To stop this, ‘No-fault divorce’ can prove to be very useful.

Britain is the recent example of this theory. In this if one party or both party apply for divorce, the couple will get 20 weeks to solve the matter. After this, they will separate.

There are some countries which have given the permission for this like UK, USA, China, Malta, Sweden, Spain and Mexico.

Bhoomi Goyal

Bhoomi Goyal

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