- The fault theory of divorce had flaws, which gave rise to a second theory: the concept of divorce by mutual consent. The fault theory’s greatest flaw has been its presupposition that there is only one guilty and one innocent party.
- There are situations when a husband and wife cannot co-exist, and neither of them is at fault. Then there would be no recourse for any of them. As a result, a new theory that allows for the dissolution of a marriage by consent between a husband and wife in situations when they cannot cohabitate has to be developed.
- Divorce by consent signifies that parties may also get a divorce by mutual consent in certain circumstances, as recognized by the law. However, a relationship might not end with mutual consent. Obtaining a judicial decree is crucial.
Divorce: Meaning and Theories of Divorce (Family Law)
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