Aspectos sobre a Implantação do Divórcio Unilateral no Brasil

Abstract

Family Law is a branch of Law with many transformations, following the dynamics of society that is constantly changing. So, over time, the vision of the married and indissoluble family has being replaced. In the new times, family relationships took on the most diverse contours and the affectivity has been the cornerstone of these relationships. This dynamic shift into changes in the institute of married and divorce, who also slipped into Procedural Law. With de changes brought by the EC 66/10, spouses were allowed to obtain faster and less bureaucratic the dissolution of marriage and the spouses establish new family relationships. In that regard, comes up the Unilateral Divorce, whose proposal the possibility of divorce decree by one of spouses by extrajudicial route, without interests of minors, what would be possible because de divorce is a potestative law. For this reason, doctrine and jurisprudence understand that divorce depends of the will of the parties. the other must accept the decision. This mechanism help the Justice and prevents the opposing party to harm the process and the the life of spouse. So, prevent other conflicts in the Family relationship. Is necessary the regulation and adaptation of the existing laws.