Divorce

Divorce or divorce is the formal legal dissolution of a marriage.

Divorced is next single, married and widowed one of the world's four usual family estates. Divorce is possible in all countries except the Philippines and the Vatican City, however, the method and significance can be very different.

There are also with suspension, annulment and cancellation of formal reasons, various forms of invalidity of marriage and legal separation termination of the marriage relationship. In wider sense, the term refers divorce law on same-sex marriages or civil unions, but not other communities.

• 4.1 Judaism
• 4.2 Christianity 4.2.1 Roman Catholic Church
• 4.2.2 Eastern Churches
• 4.2.3 Protestant churches

Jurisdictions

European legal system

• Germany: Divorce ( Germany )
• Austria: Divorce ( Austria )
• Switzerland: Divorce ( Switzerland )
• Turkey: Divorce (Turkey)

Far Eastern Federal jurisdiction

• China: Divorce (China)
• Japan: Marriage and Divorce in Japan

Religious legal systems

• Judaism: → see also: bill of divorcement
• Islam: → see also: talaq

Economic Aspects

Stephen Jenkins ( Institute for Social and Economic Research, Council of the International Association for Research on Income and Wealth ) came in a long-term study to the conclusion that men in the UK after a divorce economically significantly improved, women worsened, however. This statement is often true even when this is not about fathers and mothers, so the question of the care of children, is.

In contrast, the study, the economic consequences of separation and divorce on behalf of the Federal Ministry for Family Affairs that: Although the participation rate of households of divorced persons is slightly higher than that of married couples, households of divorced and separate living are significantly over-represented in the lower income classes. Divorced men are of the negative effects but was less affected than divorced women.

A planned 2013 expansion of maintenance obligations in long marriages to raise the height of the lifelong maintenance claims in long marriages over the limited through before handicaps achieve that objective.

Psychological perspective

Sociologist Frank Furstenberg described 1987 as divorcees, to free themselves from the burden of the failure of their marriage, distancing sharply from her former partner, with a vehemence that remind you of a " ritual taboo ".

The empirical research on the importance of psychological factors in the context of a divorce is relatively well protected, although further (especially Longitudinal ) studies are needed to clarify the significance of the individual variables and how they interact with each other on. The following variables were studied systematically in the context of divorce research in recent years:

• Lack of homogeneity of the partners: A high level of agreement between the partners in key areas (values, expectations, goals, interests ) is associated with a higher relationship stability
• Attachment styles: relationships between a secure attachment style and of a higher quality partnership are occupied, the state of knowledge on the importance of attachment style for divorce is still too little known
• Relationship -related self-efficacy: the feeling that their own commitment to the relationship shows effect seems to be important for the quality of couple relationships, but need to be further investigated
• Belief in the partnership: the greater the belief in the sustainability of the partnership, the more favorable for the survival of the couple's relationship
• Unrealistic expectations: unrealistic expectations are dysfunctional for the quality and stability of partner relationships
• Commitment: Results have indicated that the commitment is correlated to partner with their course and outcome
• Unfortunately attributional: this variable is associated with a low relationship satisfaction and an unfavorable partnership course, longer-term effects are not yet investigated
• Stress: couples with high levels of stress show a significantly more negative course and a higher risk of divorce
• Dysfunctional individual coping: dysfunctional coping is more common in unhappy couples. In addition, the variable turns out to be negative size for the partnership interaction and the course of a couple's relationship. Couples who deal with inappropriate stress, have a higher risk of divorce.
• Deficits in partnership Coping: This variable has been found in several studies as a Hauptprädiktor for the quality of a couple's relationship and their course.
• Introversion and Extraversion: the importance of these two personality characteristics are unclear and inconsistent
• Neuroticism: high Neurotizismuswerte are a risk factor for divorce
• Psychopathy: high Psychopathiewerte regarded as risk factors for the quality and stability of partnerships

The position in the religions

Judaism

In Judaism, divorce is a complex act that represents a correction of the past: Similar to the penance one slashed in the past bond between the people and YHWH builds again, the set in the past band of two souls can be solved retroactively through the divorce. The provision is to be found in a few lines of the Torah. Divorce is possible at any time, without notice from both sides. However, there are problems for centuries, if the woman wants a divorce. The man must let them go and must not refuse her a bill of divorce (get). However, since - except in Israel - so that get nowhere enforceable, is the contracting woman at Denied get the remarriage denied.

Christianity

Until the 20th century, most Western churches divorce categorically refused. The Roman Catholic Church, and the majority of the pietistic, Anabaptist and charismatic churches hold to varying degrees today firmly. Basis for the restrictive assessment is Matthew 19:3-9 EU: here Jesus turns sharply against the Mosaic bill of divorcement, subject to the so-called Unzuchtsklausel (but even more restrictive with the backdrop of the fall of the southern kingdom: Mal 2:10-16 EU). The reference to the Old Testament regulation of divorce ( bill of divorcement: 5 Mos EU 24.1 ) makes it clear: There are situations that are so hopeless, that alone does a divorce is possible ( the Catholic position to see CIC 1143 ).

Roman Catholic Church

After the legal understanding of the Roman Catholic Church a divorce is only in two limited cases possible: if one of the two spouses, who were baptized at the time of marriage both, can baptize, and the unbaptized Consistent does not accept the Christian faith and either try to disconnect or so " blasphemes the Creator ", then the baptized contract a new marriage with a baptized, what the first ( nichtsakramentale ) marriage dissolves.

Second, grant the dissolution of marriage, the Pope, if the marriage was not consummated; this grant is, however, extremely rarely granted. This is not to be confused with the subsequent annulment of a marriage in accordance with can with the impotentia coeundi (known as an impediment to marriage divine right ). 1084 § 2 possible ( protection against Canon " alibi marriages" ). In the latter case, the marriage is considered never effectively closed while it remains at a resolution of an unconsummated marriage by the pope that the marriage has actually passed, so that one can speak of a divorce. The situation is different when the marriage annulment, which requires that a marriage is not properly concluded.

In cases of marriage breakdown or adultery, etc., the Church confesses in special hardship cases (such as a " cuckoo child " or overt violence) the spouses only the " separation from bed and board ", but not the divorce. This is justified by the fact that the Catholic marriage is a sacrament and indissoluble. The divorcee is, unless he has grounds for a separation from bed and board, remain committed to the marital partnership, and also in this case to chastity, because the marriage bond persists. Case of permanent separation from bed and board, must be provided in the church, is, if necessary, also permitted divorce but not remarriage. The Church sees here the revocation of marital fidelity in contrast to the Eucharist, in which the Church celebrates the irrevocability of God's love. Why is not admitted to Holy Communion, who lives in such a contradictory situation. , Pope Francis called for October 2014 Special Synod of Bishops for a family ministry, should be addressed in using the pastoral care of the divorced and remarried.

Divorced unbaptized can not enter a new valid marriage with a Catholic partner because they are bound by the civil wedding of the nature of marriage ago.

Eastern Churches

According to the Orthodox teaching of the Old Testament law was given by Christ; if he is allowed a divorce "because of the hardness of the heart ", so is his statement in the New Testament not to be understood as a contradiction against ( because God does not contradict itself ), but as a warning against lightly taken divorce. In this sense, the Orthodox churches contact in practice a principle of kindness to ( oikonomia ). The Eastern Orthodox churches ( Orthodox Churches in the narrower sense) allow up to a maximum of three marriages. The ceremony of remarriage, however, is far less solemn than that to a first marriage; Rather, the idea of repentance predominates. Before a third church wedding one years of strict penance is required.

Protestant churches

At least since 1970, this is generally accepted in the Protestant churches in Germany, many Protestant mainline churches in the United States as well as in temperate Protestant churches in other Western industrialized countries. Recently, the divorce is considered as a possibility even among evangelical, charismatic and Pentecostal Christians into consideration.

In the evangelical mainstream literature there is a wide range of opinions expressed both about divorce as remarriage. On the Protestant side, the marriage is considered as an element of "good secular order ", so it is not a sacrament, and can be resolved secular. In general, remarriage is considered acceptable, where a divorce is seen as acceptable. In general, all authors agree based on (1 Cor 7,10 f ELB ) and other passages to the following matters: A remarriage is possible, if the divorce took place before the turn to the Christian faith. A divorce is seen as acceptable if a / s partner / living in immoral or violent or unrepentant remains a bad foul injustice. If a / e Christian / in with a non-Christian (or non- Christian ) married, the Christian part, in principle, may not require divorce, except for violence. However, if the non-Christian part wants a divorce, the Christian part must comply. Widow remarriage is allowed (1 Cor 7:39 NIV ).

Islam

In Islam there is the possibility of divorce in some differentiations (→ divorce an Islamic marriage; Talaq part of the man; Chulla part of the woman ).