Marriage and divorce are two basics of many family systems. Beginning of a new family starts when two male and females decide living together after a formal marriage contract. In Islam and some of the other religions in this world, marriage cannot become a valid legal contract till both male and female (in front of at least two males or one male & 2 females as witness) freely agrees on it. Willing of the bachelor female's lawyers (her father or other legal patron) is another requirement for the assistance of the female as she alone could not select the right life partner for her. However, it is no more required if she is re-marrying after the divorce or the death of her husband.
Although divorce being allowed in many religions is a sign of the lenience and practical nature of the Islamic legal system, keeping the unity of the family is considered a priority for the sake of the children.
There are two ways of divorce, firs way started by man and second by woman,
Men have the right to divorce. If a man dislikes keeping his marriage for any reason, he divorces his wife and compensates her financially by paying her. This is in addition to the regular financial sustenance for her living, in case she has the custody of their children.
Divorce becomes in effect once the husband utters or writes down any of the legal formulae of divorce such as: ‘I divorce you’ or ‘you are divorced’…etc. The husband can do these either by himself or through a messenger.
In case it is the woman's desire to end the marriage, the situation becomes different. Her reasons might be that she has received ill treatment, the husband is unable to sustain her financially or he is sexually impotent. She can prove these defects in front of the judge, and then the judge grants her divorce with a full access to all her financial rights.
Also, if the husband was good to her but she does not want to keep on for an emotional reason, then she asks for what is termed. This means to be granted divorce but without any access for financial rights, plus paying back the husband the dowry that he already paid on marrying her.