Document Type : Original Article
Authors
1 Master of Private Law, Ershad-Damavand University
2 Faculty member of Allameh Tabataba'i University
Abstract
Abstract
Research Aim: The present study, with the aim of explaining consensual divorce, tries to find out how this type of divorce is performed, legal weaknesses and the reasons for divorce applicants' desire for such a divorce. It also seeks to examine the validity and manner of divorce in France by examining French law.
Research method: Using the contents of the law, the library method was used to extract legal inadequacies and weaknesses in this case.
Findings: The findings indicate that there is no clear definition of consensual divorce and its nature, increasing statistics of consensual divorce, legal problems in the certificate of impossibility of compromise, and lack of executive guarantees and adequate supervision for some provisions of consensual divorce.
Also, in French law, there is no precise definition of consensual divorce and this title has been included in the civil law of this country only due to the needs of the society.
Conclusion: If a comprehensive and complete definition of consensual divorce is provided by the legislature and laws and regulations are passed in favor of women who intend to consensual divorce, the instances of hardship will be determined correctly and transparently and in accordance with the above cases for permitting divorce. With the current situation in the society, adding other cases, or creating a solution to expedite and facilitate the proof of these cases, will all cause the couples who are seeking divorce to enjoy complete security.
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