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Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"

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It should be noted that the Court might not advance the date of divorce merely because of an impending birth or marriage. The Court must be “of the opinion that by reason of special circumstances the divorce should take effect earlier,” and the spouses must agree not to appeal the decision: ''DA'', s 12(2). The courts have interpreted “special circumstances” very strictly, and grant a quick divorce in exceptional cases only, ''e.g.'' where the immigration status of the claimant’s fiancée is in jeopardy. The courts tend not to consider pregnancy or ordinary remarriage to be “special circumstances.”
It should be noted that the Court might not advance the date of divorce merely because of an impending birth or marriage. The Court must be “of the opinion that by reason of special circumstances the divorce should take effect earlier,” and the spouses must agree not to appeal the decision: ''DA'', s 12(2). The courts have interpreted “special circumstances” very strictly, and grant a quick divorce in exceptional cases only, ''e.g.'' where the immigration status of the claimant’s fiancée is in jeopardy. The courts tend not to consider pregnancy or ordinary remarriage to be “special circumstances.”
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