Do spouses can divorce SHORTLY after the wedding?


Michael and Eve, before they got married, were a couple for five years. The wedding was not their free decision but the result of pressure from both families, who demanded marriage. Soon after the wedding, it turned out that the common life is meaningless. Simply put, something has changed, a couple stopped to get along, everyone began to live on their own, although still under the same roof. Very likely, this was not a true love. In less than a year after the marriage, both spouses have taken a joint decision to split up and filed for divorce.

Is divorce in such a situation possible? Did the marriage not last too short? Marriage is in fact legal relationship, which can be terminated by divorce. However, court in order to decide about divorce, must examine the relationship between spouses. So, the legal relations are closely linked to the relations of life – if the life relation does not exist, it makes no sense that there was an artificial legal bond. In the process of divorce judge investigates, whether between spouses there is a permanent and complete breakdown of marriage. If the spouses are not connected with spiritual, physical, or economic bond, it means that the marriage is dead and there is no reason to exist.

Does a short passage of time can have a negative role in this case? Is such a short period of time could lead to the dissolution of marriage? In practice, it is obvious that it could, for example due to the mismatch of characters, different life goals, or social views. Nowadays judges are aware of that couples can split in very short time, although still in the 50s they thought that the divorce should not be accepted before 5 years of marriage. It is worth citing the current position of the courts, which have been set by the Supreme Court in its judgment of 14 December 1984, III CRN 272/84:

In the light of art. 56 § 1 k.r.o. (family code) short lapse of time from the date of marriage of a person at a young age and short relatively period of common life breakdown does not exclude itself divorce of these reasons, unless breakdown is not complete and permanent and also if none of the negative circumstances of divorce exist. In particular fact situation of married life can be with a high degree of probability say that the bond of physical, mental and economic development has no chance in the future, even though little time had passed since marriage and breakdown. Factor in the passage of time can play, generally speaking, an important role in the issue of marriage has broken down. Altough the passage of time can not give any absolute meaning to the current legal grounds for divorce in the art. 56 § 1 k.r.o.

Marital breakdown in a short time after the marriage may be also due to the betrayal of a spouse, or even a severe humiliation. What’s more, the breakdown may occur if the spouse has committed adultery even before the conclusion of the wedding, but this fact came to light only during the marriage. It is a violation of loyalty and fidelity to the future spouse and may lead to loss of confidence, which entails breaking ties with the other half. Keep in mind that the court will have to examine whether divorce is not opposed to the good of the minor children, and the rules of social coexistence. If these obstacles do not exist, then the divorce should be ordered.

If you need legal advise or want to consult your case, contact with me by contact form HERE.

Podziel się: