KáhaLex

Article 27 — Divorce

  1. A marriage may be dissolved by divorce upon application to the Royal Chancellery, by mutual consent or upon the petition of one spouse.
  2. Divorce by mutual consent is granted upon the joint application of both spouses, accompanied by an agreement between them on:
    1. The division of property, in accordance with the applicable matrimonial property regime
    2. The custody and access arrangements for any children of the marriage
    3. The maintenance obligations, if any, of each spouse
    4. Such other matters as the Chancellery may require.
  3. Divorce upon the petition of one spouse may be granted where:
    1. The marriage has irretrievably broken down, as evidenced by a continuous separation of the spouses for a period of at least one year
    2. The other spouse has committed a serious fault, including abandonment, abuse, or a grave and persistent violation of the obligations of marriage.
  4. The Royal Chancellery shall, before granting a divorce, offer the parties an opportunity for conciliation, unless both parties waive conciliation in writing or a party alleges abuse or violence rendering conciliation contrary to their safety or dignity.
  5. The Chancellery shall not grant a divorce unless it is satisfied that adequate provision has been made or will be made for the maintenance and welfare of any children of the marriage.
  6. The Royal Chancellery may recognise a divorce validly granted under the law of a foreign jurisdiction, upon application accompanied by such documents as it may require, provided that the divorce does not contravene Kaharagian public order and that the rights of both parties were adequately protected in the foreign proceeding.

How to cite

CIVIL art. 27 — Article 27 — Divorce, Legal Codes of the Principality of Kaharagia.