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The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation.
In contrast, in some countries (such as Sweden, divorce is purely no fault.
Yet, what constitutes such a "breakdown" of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g.
Netherlands) Separation constitutes a ground of divorce in some European countries (in Germany, e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents).
In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect.
The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable).
In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person.