Latest items for ATDW-LAW-5
Jan. 4, 2024, 10:41 a.m.
Countries: Singapore
Variables: ATDW-PRACTICE-2, ATDW-LAW-5
"Subsequent to the second marriage, the first wife may also file for divorce on the ground of her husband’s inequitable treatment" (41). "Under the AMLA, both Muslim men and women may initiate a divorce on multiple grounds… [S]ome are exclusive to women such as the husband’s failure to perform marital obligations (including providing maintenance)" (41-42).
Variables: ATDW-PRACTICE-2, ATDW-LAW-5
"Subsequent to the second marriage, the first wife may also file for divorce on the ground of her husband’s inequitable treatment" (41). "Under the AMLA, both Muslim men and women may initiate a divorce on multiple grounds… [S]ome are exclusive to women such as the husband’s failure to perform marital obligations (including providing maintenance)" (41-42).
Aug. 8, 2023, 12:20 p.m.
Countries: Senegal
Variables: LRCM-LAW-1, ATDW-LAW-5
"At the end of the work, proposals were made to amend certain provisions of the Family Code...They concern, in particular, amendments to the provisions of the Family Code relating to...causes of divorce (article 166)..."(25)(NF - CODER COMMENT - Causes of divorce include: declared absence of one of the spouses; adultery on behalf of the husband; conviction of a crime one; Lack of maintenance of the wife by the husband; Refusal of one of the spouses to carry out the commitments made prior to marriage; Abandonment of the family or from the marital home; Ill-treatment, abuse or serious insults making existence in common impossible; Medically established definitive sterility; Serious and incurable...more
Variables: LRCM-LAW-1, ATDW-LAW-5
"At the end of the work, proposals were made to amend certain provisions of the Family Code...They concern, in particular, amendments to the provisions of the Family Code relating to...causes of divorce (article 166)..."(25)(NF - CODER COMMENT - Causes of divorce include: declared absence of one of the spouses; adultery on behalf of the husband; conviction of a crime one; Lack of maintenance of the wife by the husband; Refusal of one of the spouses to carry out the commitments made prior to marriage; Abandonment of the family or from the marital home; Ill-treatment, abuse or serious insults making existence in common impossible; Medically established definitive sterility; Serious and incurable...more
June 27, 2023, 11:15 p.m.
Countries: Algeria
Variables: ATDW-LAW-5
"Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement" (29).
Variables: ATDW-LAW-5
"Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement" (29).
June 20, 2023, 9:30 p.m.
Countries: Nicaragua
Variables: ATDW-LAW-5
"Under article 72, marriage and stable de facto union are defined as a voluntary agreement between the parties that may be dissolved by mutual consent or by the will of one of the parties." (32). "One or both parties may, without the need to cite any grounds whatsoever, request the dissolution of the marriage or de facto union." (32).
Variables: ATDW-LAW-5
"Under article 72, marriage and stable de facto union are defined as a voluntary agreement between the parties that may be dissolved by mutual consent or by the will of one of the parties." (32). "One or both parties may, without the need to cite any grounds whatsoever, request the dissolution of the marriage or de facto union." (32).
April 1, 2023, 9:26 p.m.
Countries: Uzbekistan
Variables: ATDW-LAW-5
"A significant contribution to the development of gender legislation adopted in Uzbekistan was made in 2019 by, inter alia:…[T]he Act amending and supplementing article 15 of the Family Code of 28 August 2019…"(4)(NF - CODER COMMENT - Under this legislation, one of both spouses can file for divorce. The divorce is finalized if the Court feels there is no possible reconciliation of the marriage. If filed in the civil registry office, grounds for divorce include: missing spouse, has been declared incapacitated by the Courts due to mental illness, or imprisonment for more than 3 years). "Major steps have also been taken to eliminate outmoded national customs and traditions that hinder...more
Variables: ATDW-LAW-5
"A significant contribution to the development of gender legislation adopted in Uzbekistan was made in 2019 by, inter alia:…[T]he Act amending and supplementing article 15 of the Family Code of 28 August 2019…"(4)(NF - CODER COMMENT - Under this legislation, one of both spouses can file for divorce. The divorce is finalized if the Court feels there is no possible reconciliation of the marriage. If filed in the civil registry office, grounds for divorce include: missing spouse, has been declared incapacitated by the Courts due to mental illness, or imprisonment for more than 3 years). "Major steps have also been taken to eliminate outmoded national customs and traditions that hinder...more
March 31, 2023, 2:31 p.m.
Countries: Egypt
Variables: MARR-PRACTICE-5, ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5
"[M]en have the right to unilaterally divorce their spouses (talaq), including verbally with a one-week period for official registration of the divorce, which leaves many women in precarious situations, whereas women who seek divorce by unilateral termination of their marriage contract (khula) under Act No. 1 of 2000 can only obtain such a divorce if they forgo alimony and return their dowry" (14).
Variables: MARR-PRACTICE-5, ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5
"[M]en have the right to unilaterally divorce their spouses (talaq), including verbally with a one-week period for official registration of the divorce, which leaves many women in precarious situations, whereas women who seek divorce by unilateral termination of their marriage contract (khula) under Act No. 1 of 2000 can only obtain such a divorce if they forgo alimony and return their dowry" (14).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: ATDW-LAW-5
"Number 1 of Chapter on marriage of General Code guarantees right to marriage on own choice and full consent, and Number 2 provides same minimum age of marriage for both men and women. Number 1 of the Chapter on Husband and Wife guarantees same rights for both men and women to terminate marriage. Number 4, 5, 7 and 8 of Chapter on marriage provisions punishment against marriage by false representation and fact, by force and without consent." (37).
Variables: ATDW-LAW-5
"Number 1 of Chapter on marriage of General Code guarantees right to marriage on own choice and full consent, and Number 2 provides same minimum age of marriage for both men and women. Number 1 of the Chapter on Husband and Wife guarantees same rights for both men and women to terminate marriage. Number 4, 5, 7 and 8 of Chapter on marriage provisions punishment against marriage by false representation and fact, by force and without consent." (37).
Feb. 18, 2023, 10:44 a.m.
Countries: Bahamas
Variables: ATDW-LAW-5
"A Supreme Court judge has ruled that though a woman who filed for divorce claimed she felt like a rape victim 'for an extensive period of time' when her spouse had sex with her, as it stands there can be no rape in marriage in The Bahamas" (Para.1). "The woman filed for divorce on the basis of cruelty in June 2021" (Para.5). " 'It was clear from his evidence that he lacked concern and did not appreciate how his actions impacted the petitioner. The courts accepts his evidence of meeting the financial needs of the family, of loyalty, fidelity and commitment. 'However, given the evidence in its totality, I find...more
Variables: ATDW-LAW-5
"A Supreme Court judge has ruled that though a woman who filed for divorce claimed she felt like a rape victim 'for an extensive period of time' when her spouse had sex with her, as it stands there can be no rape in marriage in The Bahamas" (Para.1). "The woman filed for divorce on the basis of cruelty in June 2021" (Para.5). " 'It was clear from his evidence that he lacked concern and did not appreciate how his actions impacted the petitioner. The courts accepts his evidence of meeting the financial needs of the family, of loyalty, fidelity and commitment. 'However, given the evidence in its totality, I find...more
Feb. 4, 2023, 6:14 p.m.
Countries: Namibia
Variables: ATDW-LAW-5
"A Divorce Bill will allow couples to separate without the need to prove wrongdoing on the part of the spouses. The Bill is designed to help spouses who are 'trapped' in marriages to have an easier exit. The current law requires that one of the two parties has to prove adultery, indiscretion or impotence before a divorce can be granted". (6). "The Divorce Bill is under development and once promulgated it will make divorce flexible as it will do away with the fault based system currently in place under the existing Divorce Act of 1935. The Divorce Bill seeks to replace the Roman-Dutch Common Law grounds for divorce, based on...more
Variables: ATDW-LAW-5
"A Divorce Bill will allow couples to separate without the need to prove wrongdoing on the part of the spouses. The Bill is designed to help spouses who are 'trapped' in marriages to have an easier exit. The current law requires that one of the two parties has to prove adultery, indiscretion or impotence before a divorce can be granted". (6). "The Divorce Bill is under development and once promulgated it will make divorce flexible as it will do away with the fault based system currently in place under the existing Divorce Act of 1935. The Divorce Bill seeks to replace the Roman-Dutch Common Law grounds for divorce, based on...more
Feb. 2, 2023, 1:11 p.m.
Countries: Austria
Variables: ATDW-LAW-1, ATDW-LAW-5
"The Committee notes the following with concern: (a) The fault-based criteria for divorce in the State party’s family law, which are often more difficult for women to prove and which may have discriminatory effects that are reinforced by gender stereotyping in the courts...The Committee recommends that the State party: (a) Adopt a no-fault-based divorce system" (14).
Variables: ATDW-LAW-1, ATDW-LAW-5
"The Committee notes the following with concern: (a) The fault-based criteria for divorce in the State party’s family law, which are often more difficult for women to prove and which may have discriminatory effects that are reinforced by gender stereotyping in the courts...The Committee recommends that the State party: (a) Adopt a no-fault-based divorce system" (14).
Jan. 12, 2023, 8:01 p.m.
Countries: Nicaragua
Variables: LRCM-LAW-1, ATDW-PRACTICE-2, ATDW-LAW-5
"Following the Proclama, the salient Divorce Law of 1988 was passed, permitting women to leave their toxic and/or abusive relationships" (para 14)(NF - CODER COMMENT - The implementation of this law insinuates that prior to its implementation, divorce on the grounds of toxic or abusive reasons were not enough/valid).
Variables: LRCM-LAW-1, ATDW-PRACTICE-2, ATDW-LAW-5
"Following the Proclama, the salient Divorce Law of 1988 was passed, permitting women to leave their toxic and/or abusive relationships" (para 14)(NF - CODER COMMENT - The implementation of this law insinuates that prior to its implementation, divorce on the grounds of toxic or abusive reasons were not enough/valid).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: ATDW-LAW-5
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file a plea seeking divorce on the ground of cruelty under Section 13(1) of the Hindu Marriage Act (HMA), 1955" (para 14). "In 2021, the Kerala High Court held that marital rape is a valid ground for divorce regardless of its penal status in India. The Court held that, although not penalized in India, marital rape is a good and valid ground to claim divorce and that it falls under the ambit of physical and mental cruelty" (para 15).
Variables: ATDW-LAW-5
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file a plea seeking divorce on the ground of cruelty under Section 13(1) of the Hindu Marriage Act (HMA), 1955" (para 14). "In 2021, the Kerala High Court held that marital rape is a valid ground for divorce regardless of its penal status in India. The Court held that, although not penalized in India, marital rape is a good and valid ground to claim divorce and that it falls under the ambit of physical and mental cruelty" (para 15).
Dec. 26, 2022, 5:35 p.m.
Countries: Qatar
Variables: ATDW-PRACTICE-2, ATDW-LAW-5
"Men can marry up to four wives but can divorce any wife without even informing them about it. Divorce for women is limited, even if the marriage is abusive" (para 3).
Variables: ATDW-PRACTICE-2, ATDW-LAW-5
"Men can marry up to four wives but can divorce any wife without even informing them about it. Divorce for women is limited, even if the marriage is abusive" (para 3).
Dec. 8, 2022, 3:06 p.m.
Countries: China
Variables: ATDW-LAW-5
"Tang Ping, 31, a mother-of-two in the southern Chinese city of Nanning, says in 2014 when her first child was six months old, her husband – an academic – began routinely beating her…[Now,] she prepares to legally dissolve the marriage" (para 1-2). "[The police] advised [Tang Ping] to take legal action to end the marriage" (para 18). This indicates that there is legal recourse by which women can initiate a divorce (AMC - CODER COMMENT).
Variables: ATDW-LAW-5
"Tang Ping, 31, a mother-of-two in the southern Chinese city of Nanning, says in 2014 when her first child was six months old, her husband – an academic – began routinely beating her…[Now,] she prepares to legally dissolve the marriage" (para 1-2). "[The police] advised [Tang Ping] to take legal action to end the marriage" (para 18). This indicates that there is legal recourse by which women can initiate a divorce (AMC - CODER COMMENT).
July 4, 2022, 1:50 p.m.
Countries: United Kingdom
Variables: ATDW-LAW-5
"Couples should be wary of ‘greedy’ solicitors encouraging them to pursue a divorce as new laws come into force this week, a top lawyer has warned. From Wednesday, couples will no longer have to blame each other to break up a marriage. In the biggest shake-up for England’s divorce laws in nearly 50 years, just one member of a marriage will be able to file for divorce without giving a reason" (Para. 1-3). "But Simon Bruce, 63, who represents celebrities and business owners, has said no-fault divorces could encourage ‘bandwagon-jumping lawyers’ to trigger a wave of prematurely dissolved marriages. Bruce, a partner at family law firm Dawson Cornwell, told The...more
Variables: ATDW-LAW-5
"Couples should be wary of ‘greedy’ solicitors encouraging them to pursue a divorce as new laws come into force this week, a top lawyer has warned. From Wednesday, couples will no longer have to blame each other to break up a marriage. In the biggest shake-up for England’s divorce laws in nearly 50 years, just one member of a marriage will be able to file for divorce without giving a reason" (Para. 1-3). "But Simon Bruce, 63, who represents celebrities and business owners, has said no-fault divorces could encourage ‘bandwagon-jumping lawyers’ to trigger a wave of prematurely dissolved marriages. Bruce, a partner at family law firm Dawson Cornwell, told The...more
July 1, 2022, 11:43 a.m.
Countries: East Timor
Variables: ATDW-LAW-5
"The divorce system has not been amended in the reporting period. However, beside the litigious divorce system, which involves a “culpable violation of conjugal obligations”, the Civil Code prioritizes ‘divorce by mutual consent’ which is a no fault-based divorce system (art. 1652)" (46).
Variables: ATDW-LAW-5
"The divorce system has not been amended in the reporting period. However, beside the litigious divorce system, which involves a “culpable violation of conjugal obligations”, the Civil Code prioritizes ‘divorce by mutual consent’ which is a no fault-based divorce system (art. 1652)" (46).
June 14, 2022, 5:24 p.m.
Countries: Denmark
Variables: CLCW-LAW-2, ATDW-LAW-5
"[In Greenland] women and men have the same right to marry, to choose a spouse, to seek divorce, to enter into a registered partnership, and to choose a surname and employment" (40).
Variables: CLCW-LAW-2, ATDW-LAW-5
"[In Greenland] women and men have the same right to marry, to choose a spouse, to seek divorce, to enter into a registered partnership, and to choose a surname and employment" (40).
May 16, 2022, 8:09 p.m.
Countries: Suriname
Variables: ATDW-LAW-5
"Before the revision there were four cumulative grounds for divorce and now there is one general ground for divorce namely permanent breakdown of a marriage. This ground provides more possibilities for divorce" (43).
Variables: ATDW-LAW-5
"Before the revision there were four cumulative grounds for divorce and now there is one general ground for divorce namely permanent breakdown of a marriage. This ground provides more possibilities for divorce" (43).
March 25, 2022, 8:54 p.m.
Countries: United Arab Emirates
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, DV-LAW-3
"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 provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (28).
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, DV-LAW-3
"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 provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (28).
March 19, 2022, 8:45 p.m.
Countries: Iran
Variables: ATDW-LAW-5
"[T]he group also condemned the absence of any measure for an abused woman to get a divorce on the grounds of abuse until and unless her husband is convicted three times" (para 8).
Variables: ATDW-LAW-5
"[T]he group also condemned the absence of any measure for an abused woman to get a divorce on the grounds of abuse until and unless her husband is convicted three times" (para 8).
March 10, 2022, 9:58 a.m.
Countries: Peru, Peru
Variables: ATDW-LAW-5, CONST-LAW-1
"The law provides for equality between men and women and prohibits discrimination against women with regard to marriage, divorce, pregnancy, pay, and property rights. The government did not enforce the law effectively…" (14).
Variables: ATDW-LAW-5, CONST-LAW-1
"The law provides for equality between men and women and prohibits discrimination against women with regard to marriage, divorce, pregnancy, pay, and property rights. The government did not enforce the law effectively…" (14).
Jan. 10, 2022, 10:08 a.m.
Countries: Philippines
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-3, ATDW-LAW-4, ATDW-LAW-5
"The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized divorces obtained in other countries if one of the parties was a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law" (28).
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-3, ATDW-LAW-4, ATDW-LAW-5
"The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized divorces obtained in other countries if one of the parties was a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law" (28).
Jan. 8, 2022, 9:32 p.m.
Countries: Morocco
Variables: ATDW-LAW-5
"Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities" (30). "The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent" (32).
Variables: ATDW-LAW-5
"Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities" (30). "The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent" (32).
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: ATDW-LAW-5
"Under Sharia Law - a woman can initiate a divorce if she is unhappy, if she is not satisified during intercourse, or he did not provide for her for 4 months straight. However, because of the culture in Somalia, the woman might not initiate a divorce even if Islam allows her to" (1).
Variables: ATDW-LAW-5
"Under Sharia Law - a woman can initiate a divorce if she is unhappy, if she is not satisified during intercourse, or he did not provide for her for 4 months straight. However, because of the culture in Somalia, the woman might not initiate a divorce even if Islam allows her to" (1).
Nov. 30, 2021, 2:33 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... A Muslim woman may petition for and receive a divorce through the sharia courts without her husband’s consent under certain conditions. A marriage contract may provide for other circumstances in which she may obtain a divorce without his consent... Druze divorces are performed by an oral declaration of the husband alone and then registered through the Druze religious courts" (35).
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... A Muslim woman may petition for and receive a divorce through the sharia courts without her husband’s consent under certain conditions. A marriage contract may provide for other circumstances in which she may obtain a divorce without his consent... Druze divorces are performed by an oral declaration of the husband alone and then registered through the Druze religious courts" (35).
Nov. 9, 2021, 11:34 a.m.
Countries: Turkey
Variables: ATDW-LAW-5
"[I]n May human rights lawyer Muzeyyen Boylu Issi was shot and killed by her husband... after having survived two previous attempts on her life and filing for divorce" (52).
Variables: ATDW-LAW-5
"[I]n May human rights lawyer Muzeyyen Boylu Issi was shot and killed by her husband... after having survived two previous attempts on her life and filing for divorce" (52).
Sept. 29, 2021, 9:33 a.m.
Countries: Mali
Variables: 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. The government effectively enforced the law" (23). "Discrimination continued against persons with albinism. Some traditional religious leaders perpetuated the widespread belief that such persons possessed special powers that others could extract by bringing a traditional spiritual leader the blood or head of one. For example, in October...more
Variables: 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. The government effectively enforced the law" (23). "Discrimination continued against persons with albinism. Some traditional religious leaders perpetuated the widespread belief that such persons possessed special powers that others could extract by bringing a traditional spiritual leader the blood or head of one. For example, in October...more
Aug. 28, 2021, 11:07 a.m.
Countries: Estonia
Variables: ATDW-LAW-5
"A marriage terminates if a spouse dies or in case of a divorce. A vital statistics office may grant divorce upon agreement of the spouses on the basis of a joint written petition and on condition that both spouses reside in Estonia. A marriage may be divorced also by a court judgement on the basis of an action of one spouse may be divorced also by a court judgement on the basis of an action of one spouse against the other. A divorce may be granted by the court if conjugal relations have against the other. A divorce may be granted by the court if conjugal relations have defidefinitively terminated,...more
Variables: ATDW-LAW-5
"A marriage terminates if a spouse dies or in case of a divorce. A vital statistics office may grant divorce upon agreement of the spouses on the basis of a joint written petition and on condition that both spouses reside in Estonia. A marriage may be divorced also by a court judgement on the basis of an action of one spouse may be divorced also by a court judgement on the basis of an action of one spouse against the other. A divorce may be granted by the court if conjugal relations have against the other. A divorce may be granted by the court if conjugal relations have defidefinitively terminated,...more
Aug. 20, 2021, 1:37 p.m.
Countries: Cambodia
Variables: ATDW-LAW-5
"For the most part, women had... the same legal status to initiate divorce proceedings" (22).
Variables: ATDW-LAW-5
"For the most part, women had... the same legal status to initiate divorce proceedings" (22).
Aug. 17, 2021, 2:50 p.m.
Countries: Sierra Leone
Variables: ATDW-PRACTICE-1, ATDW-LAW-5
"Either spouse may acquire property in their own right and women may obtain divorce without being forced to relinquish dowries" (p 19).
Variables: ATDW-PRACTICE-1, ATDW-LAW-5
"Either spouse may acquire property in their own right and women may obtain divorce without being forced to relinquish dowries" (p 19).