The most comprehensive compilation of information on the status of
women in the world.

Latest items for ATDW-LAW-1

June 11, 2019, 9:13 a.m.
Countries: Montenegro
Variables: ATDW-LAW-1

"The NGO SOS noted that it was often difficult for women to defend their property rights in divorce proceedings due to the widespread belief that the property belongs to the man. In inheritance traditions there were instances of women ceding their property and inheritance rights to men, but this practice continued to decline. A consequence of these factors was that men tended to be favored in the distribution of property ownership" (Pg 26).
June 8, 2019, 1:59 p.m.
Countries: Jordan
Variables: ATDW-LAW-1

"Women may seek divorce without the consent of their husbands in limited circumstances such as abandonment, spousal abuse, or in return for waiving financial rights. The law allows retention of financial rights under specific circumstances, such as spousal abuse" (32).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: ATDW-LAW-1, CUST-LAW-3

"When a marriage is terminated in Afghanistan, the husband is liable to provide maintenance for the iddat (waiting period) only. Maintenance is defined in the law as taking care of the basic needs of the wife. Women have no legal right to reside in the marital home without the consent of the husband and his family. This weakens a woman’s position in cases of violence, as raising a complaint, and subsequent dissolution of marriage, would potentially mean losing her home" (Pg 16).
May 28, 2019, 9:34 p.m.
Countries: Russia
Variables: ATDW-LAW-1

"The Committee notes that the State party has a community property regime. It is concerned, however, that intangible assets, including work-related benefits, accrued pension rights and savings, in addition to future earning capacity, are not considered to be a part of the joint property to be divided upon the dissolution of a marriage and there is no other mechanism to compensate for the lack of their distribution. The Committee notes with concern that the economic rights of women in de facto unions are not recognized, including upon the dissolution of their relationship" (12).
May 28, 2019, 9:33 p.m.
Countries: Sweden
Variables: ATDW-LAW-1

"The Committee also reiterates its concern that the State party’s current legislation on the distribution of property upon divorce does not fully take into consideration differences in the earning potential and human capital of spouses and may not adequately address gender-based economic disparities between spouses resulting from existing sex segregation in the labour market, persistent gender pay gaps and women’s greater share of unpaid work" (11)
May 28, 2019, 5:40 p.m.
Countries: Yemen
Variables: ATDW-LAW-1, IAW-LAW-1

"Women cannot marry without permission of their male guardians; do not have equal rights in inheritance, divorce, or child custody; and have little legal protection" (38).
May 13, 2019, 2:21 p.m.
Countries: Germany
Variables: ATDW-LAW-1

"The provisions outlined in the legislation on the marital property regime acquired during marriage, which do not consider the often increased earning potential and human capital of men during marriage, and thus fail to provide sufficient support for women, who may be exposed to poverty owing to their unpaid care responsibilities" (17).
May 9, 2019, 3:13 p.m.
Countries: Guyana
Variables: ATDW-LAW-1

"The Married Persons (Property) (Amendment) Act of 2014 provides for the division of property of married persons and the recognition of common law unions and the division of property among these unions. It stipulates that applications for division of property under Sections 6 (A) and 15 must be brought within three years after the dissolution or annulment of a marriage or union. The previous position was that applications having their genesis in a marriage had to be filed before a decree absolute was made whereas in relation to common law unions there was no limitation on the time" (13).
May 7, 2019, 11:16 p.m.
Countries: Palestine

"Women may add conditions to marriage contracts to protect their interests in the event of divorce and child custody disputes, but rarely did so" (105).
April 12, 2019, 7:56 p.m.
Countries: China

"[Hong Kong] According to gender-rights activists and public policy analysts, while the law treats men and women equally in terms of property rights in divorce settlements and inheritance matters, women faced discrimination in employment, salary, welfare, inheritance, and promotion (see section 7.d.)" (page 114).
April 10, 2019, 8:03 p.m.
Countries: Israel
Variables: ATDW-LAW-1, ADCM-LAW-1

"A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially 'needs' the mother" (38)
April 9, 2019, 12:57 p.m.
Countries: Iran
Variables: ATDW-LAW-1

"The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced" (35).
March 29, 2019, 4:03 p.m.
Countries: China
Variables: ATDW-LAW-1, ADCM-LAW-1

"Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. Rural contract law and laws protecting women’s rights stipulate that women enjoy equal rights in cases of land management, but experts assserted that this was rarely the case due to the complexity of the law and difficulties in its implementation. A 2011 Supreme People’s Court decision exacerbated the gender wealth gap by stating that after divorce marital property belongs solely to the person registered as the homeowner in mortgage and registration documents--in most cases the husband. In determining child custody in divorce cases, judges made determinations based on the...more
March 21, 2019, 11:12 p.m.
Countries: Syria
Variables: ATDW-LAW-1

"The law generally permits women to initiate divorce proceedings against their spouses, although some Christian sects strongly discouraged both women and men from doing so. For Muslims personal status law treats men and women differently. Some personal status laws mirror Islamic law regardless of the religion of those involved in the case. The law does not entitle a divorced woman to alimony in some cases, such as if she gave up her right to alimony to persuade her husband to agree to the divorce. In addition, under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach the age of 13...more
March 14, 2019, 3:31 p.m.
Countries: Norway
Variables: ATDW-LAW-1

"The Committee also regrets that the State party indicated in its report that no activity was currently planned to extend the concept of joint marital property to intangible property, including pension and other work-related benefits, in the case of divorce, so as to compensate for possible gaps in the economic power of separating partners" (15).
March 11, 2019, 11:13 a.m.
Countries: Kazakhstan
Variables: ATDW-LAW-1

"According to article 16 of the Code, a marriage may be dissolved on the basis of a petition filed by one or both spouses, and also of a petition by the guardian of a spouse who has been recognized by the court to be incompetent. During pregnancy or the first year of a child’s life, a marriage cannot be dissolved without the consent of the wife. A marriage may be dissolved in the registration bodies by mutual consent between spouses who have no minor children together, and in the absence of material or other claims against each other. When a marriage is dissolved in court, the spouses may submit for...more
Feb. 25, 2019, 7 p.m.
Countries: Saudi Arabia
Variables: ATDW-LAW-1

"'The new measure (divorce courts in the Middle Eastern kingdom will be required by law to notify women by text message on rulings which confirm their divorce) ensures women get their [alimony] rights when they're divorced,' Saudi lawyer Nisreen al-Ghamdi told Bloomberg. 'It also ensures that any powers of attorney issued before the divorce are not misused'" (para. 7 - 8).
Feb. 11, 2019, 6:49 p.m.
Countries: Sierra Leone

"Women face the risk of losing control over the land when their husband dies or if they divorce. Male children from the marriage inherit the land but if there are no children and if a woman remarries into her late husband’s family, she can continue to cultivate the land. A woman who returns to her patrilineal family regains her rights to land for cultivation from the male head of her family" (para 2)
Feb. 3, 2019, 9:09 p.m.
Countries: Costa Rica
Variables: ATDW-LAW-1

"The Committee is concerned about: (c) The absence of legal mechanisms that provide for the recognition of intangible assets, such as work-related benefits, for purposes of property distribution upon divorce and the inadequacy of legal aid for women in divorce proceedings, which impede their ability to realize their property rights upon dissolution of marriage; (d) The insufficient protection of women in de facto unions, including in cases of separation" (13).
Jan. 5, 2019, 10:25 a.m.
Countries: Laos
Variables: ATDW-LAW-1

"Post-marriage assets should be divided equally, except of wrongdoings by husband or wife such as adultery, asset embezzlement with final court order, the convicted person shall receive one-thirds of the post-marriage assets" (Pg 37).
Jan. 2, 2019, 2:04 p.m.
Countries: Tunisia
Variables: ATDW-LAW-1

"Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or keep them separate" (page 17).
Dec. 21, 2018, 4:39 p.m.
Countries: Tunisia
Variables: ATDW-LAW-1, ADCM-LAW-1

"Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate" (page 23).
Nov. 16, 2018, 9:46 a.m.
Countries: Burma/Myanmar

"Women are discriminated against in the realm of property and inheritance as well since the Government recognizes the authority of village elders and religious or ethnic leaders to adjudicate property rights. For example, Kachin customary law favors sons over daughter in inheritance disputes; in divorce cases, the Palaung and the Kachin grant property to the husband as a matter of right" (page 28).
Nov. 15, 2018, 12:07 p.m.
Countries: Mexico
Variables: ATDW-LAW-1

"The Committee is concerned that while the Civil Code provides that under the optional community property regime, property obtained during the time of the marriage is considered joint property to be divided equally upon divorce, this is limited only to tangible property (movables and immovables), but does not encompass intangible assets including work-related benefits (such as pensions and insurance benefits), nor does it adequately redress economic disparities between spouses resulting from the existing sex segregation of the labour market and women’s greater share in unpaid work, as evidence from the 2009 National Time Use Survey (ENUT)" (11).
Nov. 3, 2018, 10:36 a.m.
Countries: Israel
Variables: ATDW-LAW-1, CUST-LAW-1

"A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially “needs” the mother" (para 154)
Oct. 22, 2018, 9:31 p.m.
Countries: Iran
Variables: ATDW-LAW-1

"Traditional interpretations of Islamic law recognize a divorced woman’s right to part of shared property and to alimony...In 2011 the Supreme Court ruled that a woman could withhold sex from her husband if the husband refused to pay a personal maintenance allowance. By law such an allowance may be requested during the marriage as well as after a divorce. According to the Islamic Students’ News Agency, if the allowance is not paid, the wife may 'reject all legal and religious obligations' to her husband. If the allowance is not paid after the divorce, the woman may sue her former husband in court" (para 157)
Oct. 19, 2018, 7:59 p.m.
Countries: Indonesia
Variables: ATDW-LAW-1

"Many divorcees received no alimony, since there was no system to enforce such payments. If there is no prenuptial agreement, joint property is divided equally" (para 153)
Sept. 5, 2018, 9:42 a.m.
Countries: Vietnam
Variables: ATDW-LAW-1

"The Committee is concerned: ...That the economic rights of women in de facto unions are not recognized, including upon the dissolution of their relationships, under the Law on Marriage and Family" (12).
Sept. 4, 2018, 10:30 a.m.
Countries: Switzerland
Variables: ATDW-LAW-1

"During the year parliament passed revisions to the civil law ensuring a more equitable division of pension funds during divorce that will be retroactive for all divorces entered into as of 2000" (16).
Sept. 4, 2018, 10:22 a.m.
Countries: Mongolia
Variables: ATDW-LAW-1

"Divorced women secured alimony payments under the family law, which details rights and responsibilities regarding alimony and parenting. The former husband and wife evenly divide property and assets acquired during their marriage. In a majority of cases, the divorced wife retained custody of any children; divorced husbands often failed to pay child support and did so without penalty" (19).