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Volume 141, Number 58A
Page 14
Royal Gazette

24 September 2567

(7)when either spouse has been insane for more than three consecutive years and such insanity has no prospect of recovery and is considerable to the extent that it is no longer bearable to live together as spouses, the other may institute an action for divorce;

(8)when either spouse breaches a bond of good behaviour executed in writing, the other may institute an action for divorce;

(9)when either spouse has contracted a serious communicable disease likely to harm the other and the disease has a chronic nature without possibility of recovery, the other may institute an action for divorce;

(10)when either spouse has a physical condition which renders him permanently incapable of sexual intercourse or incapable of performing or accepting an act of satisfying the desire of the other, the other may institute an action for divorce.”

Section46.The text of section 1517 of the Civil and Commercial Code shall be repealed and replaced by the following text:

Section1517.As regards the ground for instituting an action for divorce under section 1516(1) or[1] (2), if either of the spouses, as the case may be, has consented to or connived in the act grounding the divorce, he cannot raise it for instituting a divorce action.

As regards the ground for instituting a divorce action under section 1516(10), if it is caused by the other spouse, such other spouse cannot raise it for instituting a divorce action.

In the event that a divorce action is instituted on the ground that a bond has been breached in accordance with section 1516(8), if the court finds that the behaviour of the spouse which grounded the bond is trivial or is not significant for the joint peaceful living of the spouses, the court may refuse to grant the divorce.”

Section47.The text of paragraph 1 of section 1520 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 10), 2533 BE, shall be repealed and replaced by the following text:

Section1520.In the event that divorce is effected by their consent, the spouses shall adopt a written agreement as to which of them shall exercise the parental power over which child. If they have not adopted or cannot reach such an agreement, a court shall give a ruling.”

Section48.The text of paragraph 1 of section 1522 of the Civil and Commercial Code shall be repealed and replaced by the following text:

Section1522.If the spouses divorce by consent, they shall include in the divorce settlement contract an agreement as to whether both of them or which of them shall pay the costs of maintenance of their children and as to the amount thereof.”

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