The basic condition for a divorce is the complete and irretrievable breakdown of marital life. However, despite the permanent and complete breakdown of marital life, the court may not grant a divorce. Despite the permanent and complete breakdown of marital life the court may not grant a divorce due to the good of common minor children, inconsistency with the principles of social coexistence or when the divorce is requested only by the spouse guilty of the separation.

If the spouses have common minor children the court must check whether their best interests will not be harmed in the event of a divorce. Minor children are those who are under 18 years of age. If the court is convinced that the welfare of common minor children will be harmed as a result of the divorce it will dismiss the claim.

The court will not order a divorce if it is inconsistent with the principles of social coexistence. This may be a situation in which one of the spouses is so ill that leaving him alone would be detrimental to the institution of the family and the goals of establishing it. Additionally, the court may not grant a divorce if the spouse grossly neglects his or her duties towards the spouse and children.

Moreover, the spouse who caused the breakdown of the marriage cannot demand a divorce unless the innocent spouse consents. However, if the innocent spouse’s refusal to consent is contrary to the principles of social coexistence, the court will decree a divorce. For example, this will be the case when the spouse guilty of the breakdown of marriage entered into a relationship with a new partner and has a child in this new relationship, and the innocent spouse refuses to consent to a divorce only out of envy.