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

Latest items for ATDW-LAW-5

April 10, 2019, 8:03 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"The law allows a Jewish woman or man to initiate divorce proceedings, and both the husband and wife must give consent to make the divorce final. Sometimes a husband makes divorce contingent on his wife conceding to demands, such as those relating to property ownership or child custody. As a result, according to the Rackman Center for the Advancement of the Status of Women at Bar Ilan University, thousands of Jewish women could not remarry or give birth to legitimate children. In rare cases Jewish women refused to grant men divorces, but this has lesser effect on a husband under Jewish law. Rabbinical courts sometimes sanctioned a husband who refused...more
March 21, 2019, 11:12 p.m.
Countries: Syria
Variables: ATDW-PRACTICE-2, ATDW-PRACTICE-3, ATDW-LAW-5

"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" (para 197).
March 15, 2019, 9:33 a.m.
Countries: Morocco
Variables: ATDW-LAW-5

"Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities" (page 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. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcement of the law" (page 28).
March 1, 2019, 11:52 p.m.
Countries: Qatar
Variables: ATDW-LAW-5

"If any one of the requirements for the validity of a marriage is not present, or the conditions provided for in the guidelines and provisions for marriage under the sharia and the law are not fulfilled – such as that one of the parties to the marriage forced the other, or was forced to act against his or her will, or was subject to any means of material or psychological compulsion from either the spouse or the guardian – then the party that acted under duress or a victim of a forced marriage may request annulment of the marriage contract" (57).
Feb. 26, 2019, 5:58 a.m.
Countries: United Arab Emirates
Variables: ATDW-PRACTICE-1, ATDW-LAW-5

"If a woman decides to divorce her husband, she has to apply for a court order while men have the right to unilaterally divorce their wives" (para. 5).
Feb. 15, 2019, 11:45 a.m.
Countries: United Kingdom
Variables: ATDW-LAW-5

"My client felt unable to move on with her own life until she could divorce her husband. However, her husband was refusing the divorce and she was being pressurised by the family and community to remain within the marriage. Further pressure came from religious arbitrators, who told her leaving her husband was ‘haram’ (forbidden) and advised her, with complete disregard for UK child maintenance law, that if she left her husband, he’d have no financial responsibility for her children." (para. 8). "Her husband then took it back, cancelling the divorce. Then he contacted the same Imam again, who again declared him divorced giving him another piece of paper without any...more
Feb. 8, 2019, 4:42 p.m.
Countries: Mali
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"The law does not provide the same legal status and rights for women as for men, particularly concerning divorce and inheritance. Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost" (page 21).
Jan. 25, 2019, 9:57 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"The Committee welcomes the legislative developments in the area of marriage and family relations, including the adoption, in 2012, of an amendment to the Rabbinical Courts (Enforcement of Divorce Judgments) Law, which requires rabbinical courts to monitor progress in the enforcement of divorce judgments. The Committee also notes that the legislation was further amended in 2017 to allow for sanctions to be imposed on male spouses who refuse to consent to a divorce (get). It further notes that, in 2016, the State Attorney issued a guideline to regulate the prosecution and punishment policy in respect of failure to comply with a judicial order of a rabbinical court regarding the granting...more
Nov. 9, 2018, 11:06 a.m.
Countries: North Korea
Variables: ATDW-LAW-5

"...Very limited awareness and information about the... applying for divorce on the grounds of violence" (7).
Nov. 3, 2018, 10:36 a.m.
Countries: Israel
Variables: ATDW-LAW-5

"A Jewish woman is allowed to initiate divorce proceedings, but both the husband and wife must give consent to make the divorce final" (para 153). "A Muslim woman may petition for and receive a divorce through the sharia courts without her husband’s consent under certain conditions, and a marriage contract may provide for other circumstances in which she may obtain a divorce without his consent. A Muslim man may divorce his wife without her consent and without petitioning the court. Through ecclesiastical courts, Christians may seek official separations or divorces, depending on their denomination. Druze divorces are performed by an oral declaration of the husband alone and then registered through...more
Oct. 22, 2018, 9:31 p.m.
Countries: Iran
Variables: ATDW-LAW-5

"A woman has the right to divorce only if her husband signs a contract granting that right, cannot provide for his family, has violated the terms of their original marriage contract, or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife" (para 157)
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