Family Code > CHAPTER FOUR DISSOLUTION OF MARRIAGE 3

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Section 2. Divorce by Petition

Article 81. –(1) Petition for Divorce.

1) A petition for divorce may be made to the court either by the two spouses conjointly or by one of them.

2) The spouses or one of them may state in the petition the reason for divorce.

Article 82. – (2) Power of the Court.

1) Where the petition for divorce is made under the preceding Article, the court shall speak to the spouses separately or jointly with a view of persuading them to renounce the petition for divorce and solve their dispute amicably.

2) Where the attempt made under Sub-Article (1) has failed is likely to fail, the court may direct the spouses to settle their dispute through arbitrators of their own choice.

3) Where the spouses did not agree to settle their dispute through arbitration, the court may dismiss the parties giving them a cooling period of up to three months.

4) Where all the efforts made under the preceding provisions have failed, the court shall pronounce divorce within one month from the receipt of the reports or arbitrators, or the end of the cooling period, as the case may be.

5) From the time of the petition for divorce is brought before it, the court shall forthwith give appropriate order regarding the maintenance of the spouses, the custody and maintenance of their children and the management of the property.

6) Where circumstances absolutely require that one of the spouses leave their common abode, the court shall, when giving an order under Sub-Article (5) of this Article, take into consideration the interest of children and the condition of the spouses who may be affected more by leaving their common abode.

Article 83. – Decision on Conditions of Divorce.

1) Where the marriage is dissolved by divorce under this section, the court shall request the spouses to agree on the conditions of divorce.

2) Where the spouses are not willing to agree or have failed to agree in accordance with Sub-Article (1) of this Article, the court shall, by itself, or through arbitrators, or experts appointed by it, or by any other means it think appropriate, decide on the conditions of divorce.

3) The conditions of divorce agreed upon by the spouses or decided by arbitrators or experts shall be submitted to the court for approval.

4) After deciding the divorce, the court may postpone the judgment on conditions of the divorce for not more than six months.

Article 84. – Indemnities.

Where the cause of the divorce is imputable to one of the spouses and where justice so required, the court may order such spouses to make good the damage sustained by the other spouse.

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