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

Latest items for ATDW-LAW-5

Oct. 19, 2018, 7:59 p.m.
Countries: Indonesia
Variables: ATDW-LAW-5

"Divorce is available to both men and women..The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately" (para 153)
Oct. 17, 2018, 1:08 p.m.
Countries: Palestine
Variables: ATDW-LAW-5

"Ikhlas Sufan, a director of a shelter in Nablus, told Human Rights Watch that 'divorce cases can go on for two to three years because the husband can claim he wants to reconcile when he doesn’t really.' This relates to cases in which a woman may seek a divorce on the basis of 'dispute and discord' under article 132 of the Personal Status Law in the West Bank or 'harm' under article 97 of the Family Rights Law in Gaza provided the spouses undergo a mandatory mediation process. In the West Bank, even if the wife claims domestic violence, the court is required to attempt reconciliation, and should these attempts...more
Oct. 3, 2018, 1:31 p.m.
Countries: Honduras
Variables: LO-LAW-1, ATDW-LAW-5

"Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights" (para 109)
Oct. 3, 2018, 1:03 p.m.
Countries: Egypt
Variables: ATDW-LAW-5

"Egypt's Grand Mufti Shawki Allam has attributed the high divorce rates to "khul" — a procedure for a no-fault divorce introduced in Egypt in 2000 that allows a Muslim woman to divorce her husband on the grounds that she is suffering in the marriage... Rights lawyer Azza Soliman told Al-Monitor: 'Under khul, a woman is required to give up her legal financial rights and return the dowry she received from her spouse. So while khul appears in theory to offer women a solution to their marital woes, in practice, the procedure is time-consuming and at times humiliating for the woman, who has to represent herself in court and is often...more
Sept. 26, 2018, 10:04 a.m.
Countries: Sudan
Variables: ATDW-LAW-5

"Some experts on Islamic jurisprudence state that the absence of a husband for at least one year is tantamount to divorce and is, therefore, grounds for cancellation of a stoning sentence" (para 3).
Sept. 5, 2018, 9:54 a.m.
Countries: United Arab Emirates
Variables: ATDW-LAW-5

"For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not maintained her upkeep or that of their children. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (22-23).
Sept. 4, 2018, 10:30 a.m.
Countries: Switzerland
Variables: ATDW-LAW-5

"Victims of forced marriage already residing in the country may remain and may change their marital status from “married” to “single” without a requirement to record a divorce" (16).
Sept. 4, 2018, 10:22 a.m.
Countries: Morocco
Variables: ATDW-LAW-5

"Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities" (27). "The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy" (29).
Sept. 4, 2018, 10:18 a.m.
Countries: Kuwait
Variables: ATDW-LAW-5

"A woman may petition for divorce based on injury from abuse, but the law does not provide a clear legal standard regarding what constitutes injury. Additionally, a woman must provide at least two male witnesses (or a male witness and two female witnesses) to attest to the injury" (23).
Sept. 4, 2018, 10:16 a.m.
Countries: Egypt
Variables: ATDW-PRACTICE-1, ATDW-LAW-5

"'Khula' divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she is willing to forgo all her financial rights, including alimony, dowry, and other benefits...A woman’s testimony is equal to that of a man in courts dealing with all matters except for personal status, such as marriage and divorce. In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes this credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise" (40).
Aug. 28, 2018, 10:03 a.m.
Countries: Mali
Variables: ATDW-LAW-5

"The Committee is deeply concerned that the progressive provisions on women’s rights included in the preliminary draft of the revised Personal and Family Code were lost during the second reading in the National Assembly as a result of pressure from conservative and religious groups, resulting in the 2011 Code, which contains many discriminatory provisions, including: . . . and the requirement for a waiting period for divorced women (art. 366) and widows (art. 373) to remarry" (page 13).
Aug. 20, 2018, 11:08 a.m.
Countries: Philippines
Variables: ATDW-LAW-5

"The Committee is also concerned that the adoption of a number of bills necessary for the implementation of the Convention, including a bill on divorce, a bill on recognizing repeated abuse as a ground for legal separation, . . . has been pending for a long time" (page 3). "The Committee is concerned, however, that inequality in marriage and family relations continues to exist under the law and notes with particular concern: . . . The prohibition on divorce in the State party, except under the Code of Muslim Personal Laws, and the costly and lengthy procedures for legal separation and annulment, which may have the effect of compelling victims...more
June 9, 2018, 8:29 a.m.
Countries: Philippines
Variables: ATDW-LAW-5

"An issue that’s been receiving much opposition from the Catholic Church, the lower house of the Philippines Congress recently passed a bill that would legalize divorce. The predominantly Catholic country is one of only two places in the world that prohibits divorce – Vatican City being the other" (para 1). "While divorce was once legal during “the American colonial period and Japanese occupation in the first half of the 20th century,” CNN reported, the 1949 Civil Code quickly prohibited it in what’s being called a religious move" (para 4). "Current laws allow Filipinos the option to either legally separate, declare nullity or file for annulment, all of which have specific...more
June 8, 2018, 1:24 p.m.
Countries: Turkey
Variables: ATDW-LAW-5

"The recent draft report prepared by a parliamentary commission on divorce includes recommendations for legislative amendments to the current penal and divorce legal framework, such as allowing probation in cases of child sexual abuse which result in 'unproblematic and successful marriages' and compelling mediation in the case of domestic violence" (page 17).
May 1, 2018, 12:39 p.m.
Countries: Egypt
Variables: ATDW-LAW-5

"Article 20 of the Khula Law specifies that if two spouses do not mutually agree on divorce, the wife files a claim requesting khula, which waives all of her lawful financial rights. The provision has made it legally much easier for Egyptian women to get divorced, though they still risk losing everything" (para 3).
April 6, 2018, 10:56 a.m.
Countries: Kuwait
Variables: ATDW-LAW-5

"In Kuwait, marital issues are regulated by the Personal Status Act. This gives a woman the right to choose a husband and conclude a marriage contract only with her consent" (30). "As for a woman’s right to divorce or have the marriage contract annulled, articles 126 to 138 accord her the right to seek a separation on grounds of injury or desertion. From the above provisions, it is clear that a woman may resort to the courts to seek a divorce from her husband if it is impossible for the two to cohabit. She further has the right to seek a divorce if her husband fails to provide for her,...more
April 4, 2018, 11:54 p.m.
Countries: Portugal
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"The Committee notes with concern: (a) That the State party’s legislation establishes different post-divorce conditions for men and women, under which men are allowed to remarry 180 days after the divorce, while women can do so only after 300 days, except under certain conditions that are not equally applicable to men, on the basis of the so-called “presumption of paternity” principle; . . . The Committee recommends that the State party: (a) Revise its legislation to provide for equal treatment of men and women with regard to conditions following divorce and eliminate time limits for remarriage" (page 11).
March 21, 2018, 5:20 p.m.
Countries: Namibia
Variables: SMES-DATA-2, ATDW-LAW-1, ATDW-LAW-5

"The Committee notes the State party’s efforts to regulate customary marriages by developing a bill on the recognition of customary marriages and to introduce the no-fault divorce regime under the proposed divorce bill. The Committee nevertheless notes that the Flexible Land Tenure Act of 2012, which addresses in part the joint ownership of marital property, is applicable only to persons who are married in community of property. It also notes that women in de facto unions regularly face economic hardship upon the dissolution of their relationships. The Committee recalls its general recommendation No. 29 on article 16 of the Convention (economic consequences of marriage, family relations and their dissolution) and...more
March 14, 2018, 12:08 p.m.
Countries: Swaziland
Variables: ATDW-PRACTICE-1, ATDW-LAW-1, ATDW-LAW-5

"The Committee notes the complexity of the customary and civil marital regimes within the State party, which have varied economic implications, and is concerned at the lack of awareness among women of their choices and the consequences. The Committee is also concerned that the State party retains the “fault” principle under its divorce law and that there is a lack of information on the economic impact of the principle on women during the division of matrimonial property, in particular when women are found to be at fault in a divorce case. The Committee recalls its general recommendation No. 29 on the economic consequences of marriage, family relations and their dissolution...more
March 7, 2018, 6:52 p.m.
Countries: Sri Lanka
Variables: ATDW-LAW-5

"The Law Commission has formulated a draft Bill which recognizes the concept of marital breakdown as a ground for divorce. The Bill is under consideration" (31).
Feb. 23, 2018, 8:47 p.m.
Countries: Moldova
Variables: ATDW-LAW-5

"We mention the importance of adding in the Family Code, by Law no.167 of July 9, 2010, the words 'if during the examination of the application for divorce, one spouse does not give his/her consent to the divorce, the court will defer consideration of the case, setting a deadline the reconciliation of one to six months, except for the divorces started on the ground of domestic violence, confirmed by evidence'(Article 37). Thus the Government proves its political will to combat domestic violence" (Pg 45).
Feb. 16, 2018, 9:12 a.m.
Countries: Oman
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"The Committee remains concerned about…the limited grounds available to women to seek divorce when men may unilaterally ask for divorce for any reason" (17).
Feb. 14, 2018, 11:45 a.m.
Countries: Palestine
Variables: ATDW-LAW-5

"A man has the right to divorce his wife of his own free will for any reason, even without her consent. He also has the right to delegate another person to divorce his wife for him and register the divorce with the sharia court. The court then notifies the wife of the in-absentia divorce within a week of the registration" (69). "In principle, women may not divorce themselves on their own. However, there are a number of ways to seek an end to the marital relationship. They include the following: A woman may insert a clause in the marriage contract stating that she retains the right to divorce herself. A...more
Jan. 15, 2018, 9:10 a.m.
Countries: Iraq
Variables: ATDW-LAW-5

"In such an environment of generalized sectarian violence — and marked by the dominance of sectarian and religious conservative forces — the existing personal status code is inclusive, uniting Sunnis and Shiites under one legal framework and granting women essential rights, like the right to divorce in cases of domestic violence and abuse" (para 5).
Jan. 8, 2018, 10:24 a.m.
Countries: Tunisia
Variables: ATDW-LAW-1, ATDW-LAW-5

"Since 1956, the Code of Personal Status (CSP), granted equality in divorce proceedings" (para 3).
Dec. 13, 2017, 10:15 p.m.
Countries: Egypt
Variables: ATDW-LAW-5

"In the decade before Hosni Mubarak’s February 2011 overthrow, women’s rights activism in Egypt focused on improving girls’ and women’s legal rights in the private sphere, including increasing access to divorce and raising girls’ marriage age" (para 3).
Dec. 7, 2017, 8:29 a.m.
Countries: Libya
Variables: IIP-PRACTICE-1, ATDW-LAW-5

"in Libya, it is considered justification for divorce if a wife travels without her husband’s permission" (para 7).
Dec. 2, 2017, 2:33 p.m.
Countries: Lebanon
Variables: ATDW-LAW-5

"Still, women are more independent financially because working is often a financial necessity for a household, and there is an increasing phenomenon of unmarried women, because there are more and more divorces" (para 7).
Nov. 27, 2017, 3:37 p.m.
Countries: Iran
Variables: ATDW-LAW-5

"Although women are accorded dowries and fair remuneration, as divorce is the exclusive right of a man, many are forced to sacrifice their financial rights and are left with no resources" (para 10).
Sept. 22, 2017, 7:10 a.m.
Countries: Bangladesh, Indonesia, Pakistan
Variables: ATDW-LAW-5

"India has the world's second-largest Muslim population, but, unlike other countries with significant Muslim populations such as Pakistan, Bangladesh and Indonesia, has yet to officially pass legislation outlawing triple talaq [Islamic practice of instant divorce]" (para 12).