From Divorce by cause to Incaused Divorce

Abstract

The imperative divorced system in Latin America and especially in Peru, is one of the means of extinguishing the marriage relationship, for which a mixed system has been established, that is, one based on inculpatory grounds and others on objective grounds, where You can make the conventional separation or mutual descent and the separation in fact, for which you will have to make said separation after two years. In Argentina and Brazil, in addition to the causes mentioned above, the objective system is established as causal, not only through conventional separation but also what is called the uncaused divorce, that is, the will of one of the parties is sufficient to be able to request the divorce, having to previously establish the other consequences of these such as the property regime, the right to food and the corresponding to the head of the parental rights of the spouses. This divorce system is based on the promotion of family and social peace, and based on the autonomy of the will of the spouses, in the same way as marriage was established, also in correspondence to a contemporary conception of marriage, in the that this becomes a means of realization of the person and not an end, so that its unilateral dissolution would allow to achieve this purpose in the same way.