Marriage ends with the death of one spouse, with an annulment or a divorce. If you no longer want to continue your relationship with your spouse, you can file for divorce.

Marriage is an institution based on free will of both partners, on mutual emotional attachment, mutual respect, understanding, trust and mutual help. Any spouse may request a divorce as soon as these elements are no longer mutually given and therefore marriage is no longer sustainable. The spouses can also file for divorce in mutual agreement.

Procedure

Divorce proceedings can be carried out by a notary or the court. The procedure for dissolution of marriage will differ depending on certain factors such as whether there is a mutual agreement to divorce. Read more about how to file for divorce.

What human rights violation may there be?

Your right to divorce stems from the free will to marry on which a marriage is based.  Your divorce proceedings may affect other human rights such as the right to a trial within a reasonable time and other aspects of your right to a private and family life, such as your right to re-marry. 

example If your divorce proceedings are unreasonably delayed, it may violate your right to a fair trial. If you are planning to re-marry after the divorce, an unreasonable delay in the closure of those proceedings may violate your right to a private and family life.

Resources

Last updated 26/01/2024