In this respect, four key amendments are proposed:
- Introducing a single case of 'objective' divorce, which can be initiated by one spouse or upon joint request, without reason. This divorce would be based solely on the desire of one or both spouses to end their union, thereby eliminating all other grounds for divorce currently provided for by law, such as divorce based on a fault.
- Establishing the legality of nuptial agreements, allowing spouses to organise the financial, maintenance, or property consequences of the dissolution of the marriage, before the marriage, during the union, or during divorce proceedings, under the supervision of a judge, particularly with regard to consent, public order, good morality, and the interests of the child, with the possibility of homologation (even partial).
- Strengthening the role and powers of the judge to accelerate proceedings, protect the interests of spouses and children, and guarantee the rights of vulnerable spouses. Bridges to amicable solutions would also be encouraged.
- Maintaining and modernising legal separation by increasing the powers of the judge and adding a regulated recourse to equity to avoid manifestly unfair situations, while preserving the marital bond.
The bill aims to develop the autonomy of spouses' wills and rights, as well as simplifying procedures to ensure effective jurisdictional protection.
