Procedures for divorcing through mutual agreement: a regression in the Rights of Children?: the case of France and Spain

Serra Puntí, Aloma

Procedures for divorcing through mutual agreement: a regression in the Rights of Children?: the case of France and Spain

Citation

Serra Puntí, A. Procedures for divorcing through mutual agreement: a regression in the Rights of Children?: the case of France and Spain. 2021. handle: http://hdl.handle.net/10230/48292

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Abstract

Families have changed, and so have their ruptures. In both France and Spain, these changes have brought about the social demand for simplified divorce processes, and the judicial need for expedited divorce procedures to unclog the existing bottleneck. As a consequence of this, new procedural rules concerning the divorce through mutual agreement have been introduced. This dissertation analyses these legal changes in France and Spain in light of the United Nations Convention on the Rights of the Child (mainly Articles 3.1 and 12.2). Both legal experiences of dejudicialisation are explained and compared, before exploring the points where these conflict with the well-established rights of children. As a result of this comparative analysis, it is argued that the Spanish legal experience has proven more successful than the French one at preserving the rights of the child. In France, the absence public intervention and its consequences have led to a regression in the rights of children.