Abstract

CULACIATI, Martín Miguel. Reasons and lack of reasons that delay the dejudicialization of divorce in Argentina. Rev. IUS [online]. 2015, vol.9, n.36, pp.389-417. ISSN 1870-2147.

It is our intention is to contribute to the current debate that presents the new face of divorce, and the changes that it should address to be in conformity with the international doctrine of human rights. The exercise of a right does not necessarily entail its prosecution. Therefore the dejudicialization of consensual divorce is the next step in the evolution, which should no longer be seen as a process, but as the externalization of the conclusion of the affective relationship. This complaint litigation must be externalized from the courts and separated from issues relating to the marital breakdown because, in addition, it would imply a reduction of family conflict to which children are exposed; reducing the economic, psychological and emotional costs to those strictly caused by the affective breakdown, without adding to the process. This, finally, allows us as an additional benefit, of decongestion of the judicial system, and the redeployment of human resources.

Keywords : No fault divorce; conjugal affection; dejudicialization; divorce by mutual agreement; notary office.

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