Legal Definitions - bona gratia matrimonium dissolvitur

Bona gratia matrimonium dissolvitur is a historical Latin legal phrase that translates to "the marriage is dissolved in a friendly way." It refers to a divorce granted by mutual consent, where both parties agree to end the marriage and typically also agree on the terms of their separation, such as the division of assets and child custody, without significant dispute or litigation.

While the specific Latin phrase is historical, the underlying concept of a consensual or uncontested divorce remains highly relevant in modern legal systems, often encouraged as a more amicable and less costly way to dissolve a marriage.

• Example 1: The Uncontested Settlement

  After several years of marriage, Maria and John mutually decided to separate. They sat down together, discussed their shared assets, debts, and how they would co-parent their children. They reached a full agreement on all terms, including child support and the division of their property. They then jointly filed for divorce, presenting their comprehensive settlement agreement to the court for approval, which was granted without the need for a contested hearing.

  This scenario illustrates "bona gratia matrimonium dissolvitur" because Maria and John dissolved their marriage through mutual agreement on all key issues, demonstrating a "friendly" and consensual approach rather than engaging in a legal battle.

• Example 2: The Collaborative Divorce Process

  Sarah and David, wanting to maintain a respectful relationship for the sake of their teenage children, opted for a collaborative divorce process. Each hired an attorney trained in collaborative law, and they all committed to resolving their divorce issues – including finances, property, and parenting plans – through a series of meetings outside of court. They worked with financial experts and divorce coaches to reach a mutually acceptable agreement without resorting to litigation.

  This example demonstrates the spirit of "bona gratia matrimonium dissolvitur" as the entire process is built on the principle of mutual consent and cooperation, aiming to dissolve the marriage amicably and respectfully through negotiation rather than adversarial court proceedings.