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Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based.
However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support.
In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets.
In such situations, the litigation process takes longer to conclude.
In absence of agreement, a contested divorce may be stressful to the spouses.
In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity.
Netherlands) Separation constitutes a ground of divorce in some European countries (in Germany, e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents).
Divorce laws are not static; they often change reflecting evolving social norms of societies.
In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g., Scotland in 2006 (1 or 2 years from the previous 2 or 5 years); France in 2005 (2 years from the previous 6 years), Bulgaria also modified its divorce regulations in 2009.
Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse.
In contrast, in some countries (such as Sweden, divorce is purely no fault.