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Ocean Bank
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Business Law

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Bethony Brenman PA
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Managing partner
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Clayton Tyler Kuhn PA
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Business Law

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The communist and post-communist world has recently witnessed efforts at wholesale legal reform, many of which have included initiatives in family law. In some countries these have included restrictions on divorce, intended to counter the social atomization caused by their former rather extreme anti-family laws, and the chaos that then results when the totalitarian regime is gone but leaves behind it the destruction of the family and other institutions of civil society.
www.divorcereform.org
When Lithuania recently revised its civil law system with guidance from the American Bar Association’s Central and Eastern European Law Initiative (CEELI), it sought to enshrine freedom of contract, which includes protecting against breach of contract, and thus it abolished “unilateral” no-fault divorce (i.e., divorce without either mutual consent of the parties or a bad act by one party justifying the other’s exit from the contract).
www.divorcereform.org
The Czech Republic’s 1998 revision of its Family Code includes a “hardship clause” allowing a court to refuse a divorce if it is not in the minor children’s interests, and a more limited hardship clause protecting some innocent spouses who would suffer extraordinarily from a divorce.
www.divorcereform.org
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