If you no longer want to continue your relationship with your spouse, you can file for divorce. Although your right to divorce is not a human right, divorce proceedings can affect your human rights, such as the right to a private and family life or the right to a trial within a reasonable time.
Conditions
A marriage may be dissolved, if at least one of the spouses has filed a request for divorce. According to the Family Code, a marriage may be dissolved by the Civil Status Office if there are no pending disagreements on common wealth sharing or questions regarding the residence, education, upbringing of the parents’ minor child. Likewise, if both spouses agree on dissolving marriage, they have the right to file a request for divorce at a notary subject to conditions they agreed on a list of issues, such as regarding the upbringing of common minor children or the sharing of joint property acquired during the marriage.
If spouses cannot agree on some or all of these issues, the divorce is decided in court.
Exceptions
In the absence of the wife’s consent, the husband may not request a divorce if his wife is pregnant, as well as during one years’ time after the child’s birth if the child is born alive.
Procedure
Divorce proceedings can be carried out by a Civil Status Office, 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 is not a human right and as such is not protected by the right to a private and family life. However, 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.
Read more about your rights in civil court.